Summary
This item transmits recommendations from the Mayor and Council for appointment or
reappointment to City Boards and Commissions.

Responsible Department
This item is submitted by the Mayor's Office.




Page 11
ATTACHMENT A




To: City Council Date: March 3, 2021
From: Mayor Kate Gallego

Subject: BOARDS AND COMMISSIONS – APPOINTEES

The purpose of this memo is to provide recommendations for appointments to the
following Boards and Commissions:

Phoenix Deferred Compensation Board/Post Employment Healthcare Plan Board

City Manager Ed Zuercher and I recommend the following for appointment:

Karen Peters
Ms. Peters is a Deputy City Manager for the City of Phoenix. She will replace Milton
Dohoney, Jr. as Chair and fulfill the partial term to expire September 30, 2024.

Maryvale Village Planning Committee

Councilwoman Betty Guardado recommends the following for appointment:

Sandra Oviedo
Ms. Oviedo is a resident of the Maryvale community and of District 5. She fills a
vacancy for a term to expire November 19, 2022.




Page 12



Report

***REQUEST TO WITHDRAW (SEE ATTACHED MEMO)*** (CONTINUED FROM
FEB. 17, 2021) Liquor License - Special Event - M.U.S.I.C. Foundation of Arizona,
Inc.

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Bradley Laughlin

Location
5410 E. High St.
Council District: 2

Function
Food and Music Festival

Date(s) - Time(s) / Expected Attendance
March 27, 2021 - 2:00 p.m. to 10:30 p.m. / 2,450 attendees
March 28, 2021 - 12:00 Noon to 8:30 p.m. / 2,450 attendees

Staff Recommendation
Staff recommends approval of this application noting that approval of this application is
based on criteria set forth in Title IV of the Arizona Revised Statutes and noting that
the applicant has agreed to adhere to the implementation and enforcement of safety
precautions consistent with the guidance issued by both the Centers for Disease
Control and Prevention and the Arizona Department of Health Services.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 13
Page 14

To: Toni Maccarone Date: Feb. 22, 2021
Deputy City Manager

From: Denise Archibald
City Clerk �
M
Subject: REQUEST TO WITHDRAW ITEM 2 - LIQUOR LICENSE - SPECIAL EVENT-
M.U.S.I.C. FOUNDATION OF ARIZONA, INC. FROM THE MARCH 3, 2021
FORMAL AGENDA

The City Clerk Department requests approval to withdraw Item 2- Liquor License-
Special Event- M.U.S.I.C. Foundation of Arizona, Inc. from the March 3, 2021 formal
agenda. This item was continued from the Feb. 17, 2021 agenda to allow the applicant
additional time to review event details with the City work group charged with reviewing
events involving more than 50 people. Since that time, the applicant has indicated plans
to postpone the event to a future time. If approved by the work group, the item will be
placed on a future Council agenda that aligns with the new event dates.



Approved by:


Feb 23, 2021
T�Cr,F8Ae (Feb 23, 202106:28 MST)

Toni Maccarone Date
Deputy City Manager




Page 15



Report

Liquor License - Bevmo!

Request for a liquor license. Arizona State License Application 09079011.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 9 - Liquor Store

Location
2370 W. Happy Valley Road, Ste. 1061
Zoning Classification: C-2 M-R PCD
Council District: 1

This request is for an acquisition of control of an existing liquor license for a liquor
store. This location is currently licensed for liquor sales with a Series 9 - Liquor Store,
liquor license.

The 60-day limit for processing this application is March 7, 2021.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the
applicant in the State of Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,


Page 16

grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 17



Report

Liquor License - Ponderosa Carniceria 2

Request for a liquor license. Arizona State License Application 135427.

Summary

Applicant
Rosa Murrieta, Agent

License Type
Series 10 - Beer and Wine Store

Location
3510 W. Bell Road #D1
Zoning Classification: PSC
Council District: 1

This request is for a new liquor license for a convenience market. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit to allow package liquor sales.

The 60-day limit for processing this application is March 14, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 18

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Carniceria Mi Ranchito #2 (Series 10)
5035 W. Southern Ave #110, Laveen
Calls for police service: 5
Liquor license violations: None

Ponderosa Carniceria (Series 10)
2340 E. Union Hills Drive, Phoenix
Calls for police service: 1
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“We have experience in liquor sale, and we are training for the liquor School.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We are a small carniceria, for neighboorhood people, for their ease of service. The
use will not cause adverse impact like noise, & traffiking to neighborhood.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Ponderosa Carniceria 2
Liquor License Map - Ponderosa Carniceria 2




Page 19

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 20
Liquor License Data: PONDEROSA CARNICERIA 2
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 3 0

Beer and Wine Bar 7 1 1

Liquor Store 9 5 1

Beer and Wine Store 10 5 1

Restaurant 12 9 2


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 53.39 73.03

Violent Crimes 7.67 7.48 12.63

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 61 89

Total Violations 102 120




Page 21
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1042071 1972 85 % 6% 5%

1042072 1463 95 % 11 % 5%

1042261 949 26 % 8% 11 %

1042262 1244 92 % 0% 4%

6183001 1982 94 % 7% 9%

6183002 1444 74 % 0% 4%

6185001 2076 86 % 7% 5%

6185002 1030 25 % 27 % 22 %

6185003 860 4% 17 % 17 %

Average 61 % 13 % 19 %




Page 22
Liquor License Map: PONDEROSA CARNICERIA 2
3510 W BELL RD




Ü
Date: 1/22/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 23



Report

Liquor License - Heart & Soul Cafe

Request for a liquor license. Arizona State License Application 127940.

Summary

Applicant
John Celigoy, Agent

License Type
Series 12 - Restaurant

Location
4705 E. Carefree Hwy., Ste. 117
Zoning Classification: C-2
Council District: 2

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application was Jan. 30, 2021. However, the
applicant submitted a written request for more time.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Page 24




Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have held positions of public trust for the past 32 years, including 21 years of active
duty service as a US Marine Corps officer where I held a security clearance from 1988
to 2016. Additionally, I served for 6 years for the City of Scottsdale as an airport
commissioner, and am a Reserve Deputy with the Lapaz County Sheriff's Office. I am
an aerospace executive with significant responsibilities for a publicly-traded
corporation.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I am a mature, community-minded businessman, and the owner of a veteran-owned
business. I consider myself a highly ethical person, and am financially responsible for
running a business that supports local vendors and employ more than 20 employees.
The business is a local establishment that allows neighbors to gather and socialize. In
addition, the business will always support veterans and first-responders.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Heart & Soul Cafe
Liquor License Map - Heart & Soul Cafe

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 25
Liquor License Data: HEART & SOUL CAFE
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 2 2

Bar 6 1 0

Liquor Store 9 1 1

Beer and Wine Store 10 1 1

Restaurant 12 3 3


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 40.98 1.45 2.01

Violent Crimes 7.43 0.23 0.63

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 61 0

Total Violations 104 0



Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

0304023 1955 68 % 18 % 2%

6125002 1626 98 % 12 % 9%

6125003 1204 78 % 11 % 6%

Average 61 % 13 % 19 %




Page 26
Liquor License Map: HEART & SOUL CAFE
4705 E CAREFREE HWY




Ü
Date: 12/10/2020
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 27



Report

Liquor License - Bob's Market

Request for a liquor license. Arizona State License Application 09070524.

Summary

Applicant
Odette Odeh, Agent

License Type
Series 9 - Liquor Store

Location
12312 N. 32nd St.
Zoning Classification: C-2
Council District: 3

This request is for an ownership transfer of a liquor license for a liquor store. This
location is currently licensed for liquor sales with a Series 9 - Liquor Store, liquor
license.

The 60-day limit for processing this application was Feb. 20, 2021. However, the
applicant has submitted a written request for more time.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.




Page 28

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Gas & Food Mart (Series 10)
1902 W. Cactus Road, Phoenix
Calls for police service: 4
Liquor license violations: In January 2014, a fine of $375.00 was paid for delinquent
taxes. In March 2017, a fine of $750.00 was paid for failure to request ID for an
underage buyer; selling, giving, furnishing underage person with alcohol.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have a Liquor License currently & I have been dealing with his kind of business for
The pass-20 years.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“It is currently serving the community and I am planning on servicing the community
too.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Bob's Market
Liquor License Map - Bob's Market

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.


Page 29
Liquor License Data: BOB'S MARKET
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 4 4

Beer and Wine Bar 7 1 0

Liquor Store 9 2 1

Beer and Wine Store 10 4 3

Restaurant 12 3 1

Club 14 1 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 40.98 29.90 31.10

Violent Crimes 7.43 3.26 4.67

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 62 52

Total Violations 105 86




Page 30
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1034001 1544 82 % 0% 6%

1035021 1498 61 % 5% 10 %

1035023 1511 71 % 2% 17 %

1035025 1744 70 % 0% 4%

1048021 941 84 % 0% 4%

1048022 1874 40 % 0% 8%

1049003 2131 84 % 6% 2%

Average 61 % 13 % 19 %




Page 31
Liquor License Map: BOB'S MARKET
12312 N 32ND ST




Ü
Date: 12/30/2020
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 32



Report

Liquor License - Pointe Hilton Tapatio Cliffs

Request for a liquor license. Arizona State License Application 06070409.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 6 - Bar

Location
11111 N. 7th St.
Zoning Classification: RH PCD
Council District: 3

This request is for an ownership transfer of a liquor license for a bar. This location was
previously licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is March 15, 2021.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

Page 33




I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Applicant will manage the Pointe Hilton Tapatio Cliffs, which has been a well-known
and popular business and personal travel destination for many years. Applicant would
like to continue to offer alcoholic beverages to guests 21 and over.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Pointe Hilton Tapatio Cliffs
Liquor License Map - Pointe Hilton Tapatio Cliffs

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 34
Liquor License Data: POINTE HILTON TAPATIO CLIFFS
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 1

Beer and Wine Bar 7 1 0

Liquor Store 9 1 0

Beer and Wine Store 10 3 2

Restaurant 12 6 5


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 21.04 35.88

Violent Crimes 7.67 1.56 2.54

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 59 1

Total Violations 98 2


Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1036053 797 92 % 20 % 1%

1036142 1037 91 % 4% 2%

1036151 906 52 % 16 % 12 %

1037012 1871 58 % 17 % 5%

1037023 1050 23 % 4% 11 %

Average 61 % 13 % 19 %




Page 35
Liquor License Map: POINTE HILTON TAPATIO CLIFFS
11111 N 7TH ST




Ü
Date: 1/15/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 36



Report

Liquor License - NAJ & Eddies Tobacco

Request for a liquor license. Arizona State License Application 135279.

Summary

Applicant
Najman Najman, Agent

License Type
Series 10 - Beer and Wine Store

Location
3338 N. 19th Ave.
Zoning Classification: C-2
Council District: 4

This request is for a new liquor license for a tobacco store. This location was
previously licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is March 13, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 37


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am a responsible citizen of the United State of America. I have managed multiple
retail locations & have the experience required to sell alcoholic products responsibly.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We will provide tax revenue for the City of Phoenix by selling our products
responsibly.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - NAJ & Eddies Tobacco
Liquor License Map - NAJ & Eddies Tobacco

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 38
Liquor License Data: NAJ & EDDIES TOBACCO
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 0

Government 5 2 0

Beer and Wine Bar 7 3 0

Liquor Store 9 2 0

Beer and Wine Store 10 9 3

Restaurant 12 8 2


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 41.88 12.89 12.10

Violent Crimes 7.59 3.58 4.98

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 62 126

Total Violations 104 183




Page 39
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1104003 1439 74 % 7% 37 %

1104004 1344 49 % 16 % 20 %

1119001 678 96 % 8% 4%

1168002 1902 64 % 9% 20 %

1170001 2247 42 % 14 % 25 %

1170002 1845 32 % 9% 34 %

1170003 2632 43 % 11 % 45 %

Average 61 % 13 % 19 %




Page 40
Liquor License Map: NAJ & EDDIES TOBACCO
3338 N 19TH AVE




Ü
Date: 1/14/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 41



Report

Liquor License - Far Away Wine and Provisions

Request for a liquor license. Arizona State License Application 135262.

Summary

Applicant
Patricia Jasmin, Agent

License Type
Series 7 - Beer and Wine Bar

Location
3031 E. Indian School Road, Ste. 10
Zoning Classification: C-2
Council District: 6

This request is for a new liquor license for a beer and wine bar. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is March 12, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 42


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Both my business partner and myself have been in the business for many years. I
have had a successful business with a liquor license in Phoenix before. I have been
the food and beverage manager for a major resort as well as managed a wine
distributer both here in Arizona. My business partner has worked for several liquor
distributors in Arizona.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The arcadia area has become known for having some of the best wine cafes,
lounges, and restaurants. This neighborhood enjoys having many options to choose
from. I believe Far Away Wines and Provisions will be a welcomed addition to the
neighborhood.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Far Away Wine and Provisions
Liquor License Map - Far Away Wine and Provisions

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 43
Liquor License Data: FAR AWAY WINE PROVISIONS
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 8 2

Beer and Wine Bar 7 4 0

Liquor Store 9 4 0

Beer and Wine Store 10 7 4

Restaurant 12 26 12


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 41.88 6.07 14.01

Violent Crimes 7.59 1.24 4.24

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 62 50

Total Violations 104 90




Page 44
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1083021 1229 70 % 16 % 3%

1084001 718 2% 38 % 46 %

1084002 673 72 % 16 % 3%

1084005 422 16 % 37 % 13 %

1108011 1736 56 % 27 % 40 %

1108012 1115 19 % 30 % 33 %

1108013 1077 47 % 26 % 14 %

1108021 948 75 % 27 % 13 %

1109011 665 96 % 10 % 13 %

Average 61 % 13 % 19 %




Page 45
Liquor License Map: FAR AWAY WINE PROVISIONS
3031 E INDIAN SCHOOL RD




Ü
Date: 1/14/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 46



Report

Liquor License - Pizza to the Rescue

Request for a liquor license. Arizona State License Application 130369.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 12 - Restaurant

Location
2601 E. Indian School Road
Zoning Classification: C-2, C-3
Council District: 6

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit to allow outdoor alcoholic beverage consumption.

The 60-day limit for processing this application is March 6, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 47

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Wrigley Mansion Club (Series 12)
2501 E. Telawa Trail, Phoenix
Calls for police service: 1
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Pizza to the Rescue will be a family-friendly neighborhood restaurant offering
Neopolitan style pizza, handmade pastas, fresh salads, and locally sourced craft
beverages. Applicant would like to offer alcoholic beverages to guests 21 and over as
an incident to the meals they enjoy.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Pizza to the Rescue
Liquor License Map - Pizza to the Rescue

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
Page 48
Liquor License Data: PIZZA TO THE RESCUE
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 7 4

Beer and Wine Bar 7 3 1

Liquor Store 9 3 1

Beer and Wine Store 10 7 3

Restaurant 12 22 7


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 41.88 8.12 12.84

Violent Crimes 7.59 1.45 3.71

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 61 52

Total Violations 104 87




Page 49
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1084001 718 2% 38 % 46 %

1084002 673 72 % 16 % 3%

1084003 1071 34 % 8% 40 %

1084005 422 16 % 37 % 13 %

1085021 743 50 % 29 % 20 %

1085023 1475 42 % 20 % 7%

1107021 1972 58 % 0% 30 %

1108011 1736 56 % 27 % 40 %

1108012 1115 19 % 30 % 33 %

1108013 1077 47 % 26 % 14 %

1108022 1168 33 % 16 % 7%

Average 61 % 13 % 19 %




Page 50
Liquor License Map: PIZZA TO THE RESCUE
2601 E INDIAN SCHOOL RD




Ü
Date: 1/11/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 51



Report

Liquor License - 3 Sheilas Wine & Spirits

Request for a liquor license. Arizona State License Application 134980.

Summary

Applicant
Nancy Mangone, Agent

License Type
Series 4 - Wholesaler

Location
2440 W. Lincoln St., #165-3S
Zoning Classification: A-2
Council District: 7

This request is for a new liquor license for a wholesaler. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is March 7, 2021.

Pursuant to A.R.S. 4-203, consideration may be given only to the applicant's personal
qualifications and not to the location.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

Page 52




I have the capability, reliability and qualifications to hold a liquor license because:
“I have been a member in good standing of the Arizona Bar since 2004. In that time, I
have demonstrated my commitment to not only complying with federal, state and
municipal laws but also maintaining a high standard of personal integrity and ethical
conduct. For 3 Sheilas, I retained an expert in the liquor distribution industry who spent
the last 6 years as an award-winning sales representative for Southern Glazer's Wine
& Spirits. Together, we are more than capable, reliable and qualified to hold this Series
4 Wholesaler liquor license.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Our goal is to provide our services to small wine-makers and craft distilleries that do
not otherwise have a distributor in Arizona. This focus will open the Arizona market to
new products and give Arizona consumers more choices for their wine and spirits
needs.”

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 53



Report

Liquor License - Scout Distribution AZ LLC

Request for a liquor license. Arizona State License Application 132123.

Summary

Applicant
Ryan Anderson, Agent

License Type
Series 4 - Wholesaler

Location
625 S. 27th Ave., Ste. 137
Zoning Classification: A-2
Council District: 7

This request is for a new liquor license for a wholesaler. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is March 13, 2021.

Pursuant to A.R.S. 4-203, consideration may be given only to the applicant's personal
qualifications and not the location.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

Page 54




I have the capability, reliability and qualifications to hold a liquor license because:
“The applicant is a series 4 wholesaler. Its staff will be trained in Techniques of Alcohol
Training by an Arizona approved trainer and will follow Arizona's Title 4 liquor laws.”

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 55



Report

Liquor License - Mariscos y Raspados Tepehuaje

Request for a liquor license. Arizona State License Application 135223.

Summary

Applicant
Theresa Morse, Agent

License Type
Series 12 - Restaurant

Location
4602 S. Central Ave.
Zoning Classification: C-3 SPVTABDO
Council District: 7

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is March 12, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 56


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have been working in the food industry since 2014. I will be attending Arizona Basic
and Management Liquor Law training to ensure that I and my staff abide by the laws. I
will also have my employees attend Liquor Law training to enforce the serious nature
of selling alcohol to intoxicated customers, how to identify them, what steps to take
and not selling alcohol to underage. Although, the business will sell alcohol my primary
purpose is to sell food.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This business has been in existence since 2016. Community families come here to
enjoy the atmosphere, food and ice cream. The primary food served is seafood which
many customers have asked to have a beer to complement their meal. This location is
family oriented and is not a bar. Service/sale of alcohol is merely to complement the
food service. I will be attending both Basic and Management Liquor Law to obtain
various ways to determine intoxication and valid forms of identification along with other
state & city laws.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Mariscos y Raspados Tepehuaje
Liquor License Map - Mariscos y Raspados Tepehuaje

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 57
Liquor License Data: MARISCOS Y RASPADOS
TEPEHUAJE
Liquor License

Description Series 1 Mile 1/2 Mile

Government 5 1 0

Bar 6 2 1

Beer and Wine Bar 7 2 0

Liquor Store 9 6 3

Beer and Wine Store 10 13 5

Restaurant 12 3 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 105.44 166.98

Violent Crimes 7.67 23.40 36.51

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 59 255

Total Violations 98 449




Page 58
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1148001 1594 64 % 11 % 36 %

1154001 1174 61 % 17 % 54 %

1154002 1147 57 % 0% 37 %

1157001 2689 65 % 7% 23 %

1158011 2230 38 % 18 % 36 %

1158012 1837 18 % 26 % 65 %

1158021 1871 53 % 7% 47 %

1158022 1536 47 % 17 % 24 %

Average 61 % 13 % 19 %




Page 59
Liquor License Map: MARISCOS Y RASPADOS TEPEHUAJE
4602 S CENTRAL AVE




Ü
Date: 1/14/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 60



Report

Liquor License - R & F Liquors

Request for a liquor license. Arizona State License Application 09070729.

Summary

Applicant
Basim Hanna, Agent

License Type
Series 9 - Liquor Store

Location
4727 E. Southern Ave.
Zoning Classification: C-2
Council District: 8

This request is for an ownership transfer of a liquor license for a liquor store. This
location was previously licensed for liquor sales and may currently operate with an
interim permit.

The 60-day limit for processing this application is March 9, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 61

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Maryland Deli & Liquor (Series 9)
6502 N. 7th St., Phoenix
Calls for police service: 22
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am a very experienced in operating a liquor store. I currently own another liquor
store in Phoenix that I purchased 25 years ago. The liquor store is very successful and
I have never received a violation of any kind. I have also recently completed current
liquor law training.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This location has been a liquor store for many years. The previous owner purchased
the store in 1984. Our neighbors like being able to run in and make a quick purchase.
This store is part of the community and would like to continue operating for them.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - R & F Liquors
Liquor License Map - R & F Liquors

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.



Page 62
Liquor License Data: R & F LIQUORS
Liquor License

Description Series 1 Mile 1/2 Mile

Beer and Wine Bar 7 2 0

Liquor Store 9 4 3

Beer and Wine Store 10 4 1

Restaurant 12 2 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 30.91 37.36

Violent Crimes 7.67 6.76 8.17

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 60 157

Total Violations 100 215




Page 63
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1162021 1187 94 % 0% 39 %

1162022 1836 62 % 0% 20 %

1162023 1215 57 % 6% 37 %

1162041 1426 79 % 6% 24 %

1162042 1819 57 % 0% 32 %

1162043 535 59 % 24 % 8%

1162052 1024 85 % 4% 26 %

3197031 1479 51 % 11 % 13 %

3197032 602 81 % 30 % 11 %

3197033 2085 30 % 14 % 34 %

3197041 1777 42 % 9% 20 %

Average 61 % 13 % 19 %




Page 64
Liquor License Map: R & F LIQUORS
4727 E SOUTHERN AVE




Ü
Date: 2/2/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 65



Report

(CONTINUED FROM FEB. 17, 2021) Liquor License - El Pueblo Restaurant

Request for a liquor license. Arizona State License Application 128136.

Summary

Applicant
Amanda Arriaza, Agent

License Type
Series 12 - Restaurant

Location
2270 N. 75th Ave., Ste. 101
Zoning Classification: C-2
Council District: 7

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application was Feb. 1, 2021. However, the
applicant submitted a written request for more time.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Page 66




Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I Amanda consider myself a very responsible, honest person with good moral
standings, and I believe that I have the ability to handle a liquor license.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“They will have more options for alcoholic beverage with their meals.”

Staff Recommendation
Staff recommends disapproval of this application based on a Police Department
recommendation for disapproval. The Police Department disapproval is based on
possible hidden ownership concerns, falsifying information on both City and State
questionnaires, and concerns associated with financing of the business. The applicant
has not demonstrated the capability, qualifications and reliability to hold and control a
liquor license.

Attachments
Liquor License Data - El Pueblo Restaurant
Liquor License Map - El Pueblo Restaurant
Liquor License Police Department Recommendation - El Pueblo Restaurant

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 67
Liquor License Data: EL PUEBLO RESTAURANT
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 1 0

Beer and Wine Bar 7 1 1

Liquor Store 9 3 2

Beer and Wine Store 10 4 1

Restaurant 12 17 11


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 181.15 278.76

Violent Crimes 7.67 26.56 25.47

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 60 87

Total Violations 100 143


Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1125033 1448 67 % 6% 8%

1125034 1913 70 % 12 % 32 %

1125091 1905 0% 15 % 22 %

1125092 1564 47 % 23 % 9%

1125093 2841 0% 14 % 49 %

Average 61 % 13 % 19 %




Page 68
Liquor License Map: EL PUEBLO RESTAURANT
2270 N 75TH AVE




Ü
Date: 12/7/2020
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 69
Page 70
Page 71
Page 72




PAYMENT ORDINANCE (Ordinance S-47331) (Items 16-19)
Ordinance S-47331 is a request to authorize the City Controller to
disburse funds, up to amounts indicated below, for the purpose of
paying vendors, contractors, claimants and others, and providing
additional payment authority under certain existing city contracts. This
section also requests continuing payment authority, up to amounts
indicated below, for the following contracts, contract extensions and/or
bids awarded. As indicated below, some items below require payment
pursuant to Phoenix City Code section 42-13.

16 Foster & Freeman USA, Inc.
For $84,000.00 in payment authority to purchase Recover Latent
Fingerprint Technology system for the Police Department. The Phoenix
Police Department's Crime Gun Intelligence Unit and Laboratory Services
Bureau are collaborating to use Recover Technology to process
discharged bullet casings to provide forensic information. The Recover
Technology can reveal fingerprints even after being physically removed
from an object due to washing, exposure to heat, or explosion. The
utilization of the equipment will support the Police department's strategic
initiative to prevent crime in the City of Phoenix by increasing the success
rate of fingerprint recovery. The purchase will be funded by the Phoenix
Police Department Project Safe Neighborhoods grant.

17 Settlement of Claim(s) Tan v. City of Phoenix
To make payment of up to $175,000.00 in settlement of claim(s) in Tan v.
Department pursuant to Phoenix City Code chapter 42. This is a
settlement of a bodily injury claim arising from a motor vehicle accident on
July 19, 2018 involving the Police Department.




Page 73

18 Trujillo Consulting, LLC

For $50,000.00 in payment authority for a new contract, starting on or
about March 8, 2021 to no later than June 30, 2021, to provide executive
consulting services for the Human Resources Department. A short-term
agreement is needed while a nationwide recruitment is completed to fill
the Housing Director position. Executive services will include managing
and directing the Housing Department's activities, including Public
Housing Operations and Maintenance, Affordable Housing Property
Management, Resident Supportive Services, Section 8 Housing Choice
Voucher Administration, and Housing Development.

19 Salt River Valley Water Users' Association
For $130,000.00 in payment authority to purchase irrigation water during
the 2021 calendar year for the Parks and Recreation Department. The
irrigation water is needed to water plants, trees, shrubs and grass at
various Parks and Recreation locations throughout the City of Phoenix.
The expenditure is essential for the grass and plant life at all City park
locations.




Page 74



Report

Dedication of a Public Utility and Sidewalk Easement Over a Portion of City-
owned Land Along Olney and 59th Avenues (Ordinance S-47334)

Request for the City Council to dedicate a public utility and sidewalk easement to
public use over a portion of City-owned land along Olney and 59th avenues; further
ordering the ordinance recorded.

Summary
The dedication is required for construction of the Estrella Crossing development (KIVA
19-722). Public improvements will be constructed by the developer along the north
side of the Olney Avenue alignment and the eastern property boundary adjacent to
Estrella Crossing.

The public utility and sidewalk easement is more fully described in Exhibit A, to be
recorded with ordinance.

Location
Northwest corner of Olney and 59th avenues, identified by Maricopa County Assessor
Parcel number 300-02-060.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson, and the Parks and
Recreation and Finance departments.




Page 75



Report

Acquisition of Real Property for Intersection Improvements at 3rd and Glendale
Avenues (Ordinance S-47338)

Request to authorize the City Manager, or his designee, to acquire real property and
related property interests by donation, purchase within the City's appraised value, or
by the power of eminent domain for intersection improvements at 3rd and Glendale
avenues. Further request authorization to dedicate land with roadway and/or public
improvements to public use via separate recording instrument. Further request to
authorize the City Controller to disburse all funds related to this item.

Summary
Acquisition is required for the construction and installation of a HAWK signal at the
intersection of 3rd and Glendale avenues. Improvements include a new pedestrian
signal, pavement, curb, gutter and construction of an Americans with Disabilities Act
accessible sidewalk.

The parcels affected by this project and included in this request are identified by
Maricopa County Assessor's parcel numbers 161-28-033A (located at 145 W. Glendale
Ave.) and 160-33-004G (located at 316 W. Glendale Ave.).

Financial Impact
Funding is available in the Street Transportation Department's Capital Improvement
Program budget.

Location
3rd and Glendale avenues
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation and Finance departments.




Page 76



Report

Grant of Public Utility Easement on City-owned Property to Replace
Underground Cable at Nevitt Park (Ordinance S-47348)

Request City Council to grant a public utility easement, for consideration of $1.00
and/or other valuable consideration, for electrical facilities and the installation of new
conduit-encased cable on City-owned property within the Salt River Project (SRP)
service area, and further ordering the ordinance recorded. The public utility easement
is required for the replacement of new underground cable at Nevitt Park.

Summary
This public utility easement will be for the area more fully described in the legal
description ("Easement Premises") and will be granted to all public service
corporations, agricultural improvement districts and telecommunication corporations
providing utility service (collectively "Grantee") to the property located at 6815 S. 44th
Way, in perpetuity so long as Grantee uses the Easement Premises for the purposes
herein specified for an indefinite period, subject to the following terms and conditions:

A. Grantee is hereby granted the right to construct, reconstruct, replace, repair,
operate and maintain utility facilities together with appurtenant fixtures for use in
connection therewith (collectively "Grantee Facilities") to, through, across and
beyond Grantor's property within the Easement Premises. Subject to the notice
requirements provided in paragraph "I," Grantee shall at all times have the right of
full and free ingress and egress to and along the Easement Premises for the
purposes herein specified. Grantee acknowledges and accepts that Grantee shall
share the Easement Premises with other Grantees and shall use such Easement
Premises with other Grantees in accordance with and consistent with industry
standards and customs for shared use. Grantor agrees to coordinate the location of
Grantee's Facilities within the Easement Premises and to pay costs for relocation of
Grantee's Facilities as provided in paragraph "F."
B. Grantor shall not locate, erect or construct, or permit to be located or erected or
constructed, any building or structure within the limits of the Easement Premises.
However, Grantor reserves all other rights, interests, and uses of the Easement
Premises that are not inconsistent with Grantee's easement rights herein conveyed
and which do not interfere with or endanger any of the Grantee Facilities.
Notwithstanding the foregoing, Grantor shall not have the right to lower by more


Page 77

than one foot or raise by more than two feet the surface grade of Easement
Premises without the prior written consent by the Grantee whose facilities will be
affected by the change of elevation.
C. Grantee shall not have the right to use the Easement Premises to store gasoline or
petroleum products, hazardous or toxic substances, or flammable materials;
provided however, that this prohibition shall not apply to any material, equipment or
substance contained in, or a part of, the Grantee Facilities, provided that Grantee
must comply with all applicable federal, state and local laws and regulations in
connection therewith. Additionally, the Easement Premises may not be used for the
storage of construction-related materials or to park or store construction-related
vehicles or equipment except on a temporary basis to construct, reconstruct,
replace, repair, operate or maintain the Grantee Facilities.
D. Grantor shall maintain an appropriate three-foot clear area around all edges of all
equipment pads for Grantee Facilities in addition to a clear operational area that
extends 12 feet immediately in front of all transformer or switching cabinet
openings, within the Easement Premises. No obstruction, trees, shrubs, fixtures or
permanent structures shall be placed or permitted by Grantor within said areas.
Grantee is hereby granted the right to trim, prune, cut, and clear away trees, brush,
shrubs or other obstruction within said areas.
E. Grantee shall exercise reasonable care to avoid damage to the Easement Premises
and all improvements thereon and agrees that following any work or use by Grantee
within the Easement Premises, the affected area, including without limitation, all
pavement, landscaping, concrete and other improvements permitted within the
Easement Premises pursuant to this easement will be restored by Grantee to as
close to original condition as is reasonably possible, at the expense of Grantee.
F. Grantor reserves the right to require the relocation of Grantee Facilities to a new
location within Grantor's property; provided however, that: (1) Grantor pays the
entire cost of redesigning and relocating existing Grantee Facilities to the new
location; and (2) Grantor provides Grantee with a new and substantially similar
public utility easement at no cost to Grantee. After relocation of Grantee Facilities to
the new easement area, Grantee shall abandon its rights to use the Easement
Premises granted in this easement without cost or consequence to Grantor.
G. Each public service corporation and telecommunication services corporation as a
Grantee shall coordinate and work with other Grantees in the use of the Easement
Premises. In the event that a third party or other Grantee requests the relocation of
existing Grantee Facilities to a new location (whether or not) within the Easement
Premises, the requesting party shall pay the entire cost of redesigning and
relocating the existing Grantee Facilities.
H. Grantee shall not have the right to transfer, convey or assign its interests in this
easement to any individual, corporation or other entity without the prior written
consent of Grantor, which consent shall not be unreasonably withheld. Grantee


Page 78

shall notify Grantor of any proposed transfer, conveyance or assignment of any
rights granted herein at address listed below.
I. Except in emergencies or exigent circumstances such as service restoration,
Grantee agrees to contact Grantor at least one business day prior to Grantee's
entrance onto the Easement Premises where the Easement Premises are located:
(1) on a site that includes Aviation Department facilities; (2) water and wastewater
treatment facilities; (3) Police Department headquarters located at 620 W.
Washington St.; (4) Fire Department headquarters located at 150 S. 12th St.; (5)
City Hall located at 200 W. Washington St.; (6) City Court Building located at 300 W.
Washington St.; (7) Calvin C. Goode Building located at 251 W. Washington St.; (8)
Transit Operations Center located at 320 N. 1st Ave. or West Transit Facility located
at 405 N. 79th Ave.; or (9) in a secured or fenced area.

Location
6815 S. 44th Way, identified by Maricopa County Assessor's parcel number 123-18-
516.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson, and the Parks and
Recreation and Finance departments.




Page 79



Report

Revise Legal Description for Public Utility Easement at Cesar Chavez Park
(Ordinance S-47344)

Request the City Council to amend Ordinance S-46897 to revise the legal description
for a public utility easement; and further ordering the ordinance recorded.

Summary
Ordinance S-46897 granted a public utility easement (PUE) within the Salt River
Project service area for installation of a pad-mounted transformer required for the
construction of Cesar Chavez Community Center. After the PUE was granted by
ordinance, Parks and Recreation Department (Parks) staff discovered that the PUE
conflicted with a large, old tree. At the request of Parks, the design was modified to
preserve the tree.

The revised legal description is to be recorded with this ordinance. All other conditions
and stipulations previously stated in the above referenced ordinance will remain the
same.

Concurrence/Previous Council Action
Ordinance S-46897 was adopted by City Council on Sept. 2, 2020, by a vote of 9-0.

Location
7858 S. 35th Ave., identified by Maricopa County Assessor Parcel Number 300-13-
001Q.
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson, and the Parks and
Recreation and Finance departments.




Page 80



Report

Auditing and Consulting Services - MCC 180241 (Ordinance S-47336)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 150616 with Eide Bailly LLP; Contract 150617 with Berry,
Dunn, McNeil & Parker, LLC; Contract 150635 with MGT of America Consulting, LLC;
Contract 150640 with Heinfeld, Meech, & Co.; Contract 150641 with REDW, LLC;
Contract 150642 with Myers and Stauffer LC; and Contract 150660 with
CliftonLarsonAllen LLP for the purchase of auditing and consulting services for the
Regional Wireless Cooperative (RWC) under the Office of Government Relations and
the Information Technology Services Department. Further request authorization for the
City Controller to disburse all funds related to this item. The additional expenditures
will not exceed $404,000.

Summary
This contract provides external expertise for auditing and consulting services. The
RWC, per its governance, must be financially audited annually by an external auditor.
It is budgeted for each year and its findings are shared with the Board of Directors. In
addition, the Information Technology Services Department (ITS), in support of
maintaining citywide Payment Card Industry (PCI) compliance, will utilize an external
auditor to obtain a PCI certified Qualified Security Assessor to perform services
required for PCI Data Security Standards (DSS). Compliance with PCI DSS is
mandated by the payment card industry in order for the City to process payment card
transactions. Services will include, but are not limited to, a report on compliance, a gap
analysis, an analysis of the existing PCI structure, and assistance to the City in
providing guidance and recommendations on improving current processes. Additional
funds are needed to add RWC and ITS as authorized users. The City Auditor
Department currently utilizes these contract services.

Contract Term
The contract term is June 1, 2019 through May 31, 2024.

Financial Impact
Upon approval of $404,000 in additional funds, the revised aggregate value of the
contract will not exceed $984,000. Funds are available in the RWC (under the Office of
Government Relations) and ITS Department budget.


Page 81


Concurrence/Previous Council Action
This contract was originally approved by City Council on June 5, 2019.

Responsible Department
This item is submitted by City Manager Ed Zuercher and the Regional Wireless
Cooperative under the Office of Government Relations and Deputy City Manager Toni
Maccarone and the Information Technology Services Department.




Page 82



Report

Parts, Installation, and Service for Direct Current Battery Plant - IFB 19-020A -
Requirements Contract (Ordinance S-47339)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 149250 with Power Products Services, Inc. for the
purchase of heavy-duty batteries, preventative maintenance, and repairs to direct
current (DC) battery back-up systems for the Information Technology Services
Department in support of public safety radio sites. The additional amount of
$1,250,000 is needed to purchase additional battery replacements. Further request
authorization for the City Controller to disburse all funds related to this item. The
additional expenditures will not exceed $1,250,000.

Summary
This contract currently provides heavy-duty batteries, preventative maintenance, and
repairs to direct current (DC) battery backup systems for the Regional Wireless
Cooperative (RWC) and the Information Technology Services Department. These
batteries power all the RWC communication sites and are instrumental in keeping the
Fire and Police departments' public safety radio systems operational in the event of a
power outage.

Additional funding is needed to address the replacement cycle of the batteries based
on actual experience of battery capacity degradation and failure, with many of the
batteries being installed prior to 2019. The original replacement cycle was based on
the manufacturer’s estimate of a 10-year lifespan. The manufacturer has since
reduced that to seven years, which aligns to what radio systems staff are experiencing
in the field. The lifecycle replacement plan has been modified with the more accurate
lifespan information. The result is that more batteries than expected will require
simultaneous replacement during this contract period.

The cost of the battery replacement is charged to the RWC, and the RWC has already
budgeted for this increase.

Contract Term
The contract term is Jan. 23, 2019 through Jan. 22, 2024.



Page 83

Financial Impact
Upon approval of $1,250,000 in additional funds, the revised aggregate value of the
contract will not exceed $2,500,000. Funds are available in the Information Technology
Services Department's budget and are reimbursed by the RWC.

Concurrence/Previous Council Action
The contract was originally approved by City Council on Jan. 23, 2019.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Information
Technology Services Department.




Page 84



Report

Indoor/Outdoor Sport Court Resurfacing and Repair Services - Requirements
Contract - IFB 21-027 (Ordinance S-47347)

Request to authorize the City Manager, or his designee, to enter into contracts with
Arizona Gym Floors, LLC and Elite Sports Builders, LLC, to provide indoor/outdoor
sport court resurfacing and repair services for the Parks and Recreation Department.
Further request authorization for the City Controller to disburse all funds related to this
item. The aggregate contract value will not exceed $1,350,000.

Summary
These contracts will provide resurfacing and repair services for indoor, multi-use wood
floors and outdoor, concrete sport courts. The Parks and Recreation Department uses
these services to resurface and repair indoor/outdoor sport court floors such as tennis,
volleyball, pickle ball and basketball courts located at various recreation facilities. The
services include, but are not limited to; floor screening, line striping, floor repair and
wood floor refinishing and maintenance.

Procurement Information
IFB 21-027 was conducted in accordance with Administrative Regulation 3.10. There
were seven offers received by the Finance Department's Procurement Division on Nov.
20, 2021, which was evaluated on price and responsibility to provide the required
goods and services. The bid notification was sent to 301 suppliers and was publicly
posted and available for download from the City's website.

The Deputy Finance Director recommends that the offers from Arizona Gym Floors,
LLC and Elite Sports Builders, LLC be accepted as the lowest-priced, responsive and
responsible offers.

Contract Term
The five-year contract term will begin on or about March 1, 2021.

Financial Impact
The aggregate contract value will not exceed $1,350,000. Funds are available in the
Parks and Recreation Department's budget.



Page 85

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.




Page 86



Report

Federal Legislative Representation and Consulting Services - EXC 20-095A
(Ordinance S-47342)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 153512 with HROD, Inc doing business as Murray,
Montgomery & O'Donnell, for the purchase of federal representation and consulting
services for the Phoenix Office of Government Relations (OGR). Further request
authorization for the City Controller to disburse all funds related to this item. The
additional expenditures will not exceed $160,000.

Summary
This consultant will assist OGR and other City departments with identifying grant
opportunities and to successfully pursue funding that supports City services. The
consultant will represent the City face-to-face with elected officials and agencies that
make decisions about federal funding that directly affects crucial City programs and
services in areas including, but not limited to, water and environment, community
development, transportation and public safety. Identifying grant funding is particularly
important when faced with unforeseen emergency situations, such as COVID-19,
which impacts the City's effort to maintain continuity of services for City residents and
businesses. Funds were initially approved for the first year of the contract and this
request will authorize expenditures for the remaining optional extension period allowed
under the agreement.

Contract Term
The contract term is April 15, 2020 through April 14, 2023.

Financial Impact
Upon approval of $160,000 in additional funds, the revised aggregate value of the
contract will not exceed $240,000. Funds are available in the Office of Government
Relations' budget.

Concurrence/Previous Council Action
This contract was originally approved by City Council on April 15, 2020.




Page 87

Responsible Department
This item is submitted by City Manager Ed Zuercher, the Office of Government
Relations and the Finance Department.




Page 88



Report

Plumbing Services, Including Rooter and Drain Cleaning - Requirements
Contract - IFB 18-123A (Ordinance S-47345)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 146660 with Above All Plumbing Services, Inc. for the
purchase of plumbing services, including rooter services and drain cleaning, for
citywide use. Further request authorization for the City Controller to disburse all funds
related to this item. The additional expenditures will not exceed $2,700,000.

Summary
The primary departments having used the contract during the first three years are Fire,
Public Works, Parks and Convention Center. The plumbing contract is utilized to
supply all standard labor, materials, supplies, equipment, permits, tools, vehicles,
transportation and security fees necessary for plumbing repairs and/or services for
various privately and publicly owned City of Phoenix properties or facilities. This
contract has recently also been used for Covid-19 related supplies to support efforts to
change plumbing fixtures, such as faucets, toilets, and drinking fountains, to touchless
versions.

Contract Term
The contract term is Jan. 30, 2018 through Jan. 31, 2023.

Financial Impact
Upon approval of $2,700,000 in additional funds, the revised aggregate value of the
contract will not exceed $5,700,000. Funds are available in various Department’s
budgets.

Concurrence/Previous Council Action
This contract was originally approved by City Council on Jan 10, 2018.

Responsible Department
This item is submitted by City Manager Ed Zuercher and the Finance Department.




Page 89



Report

Audio/Visual Services for City Meetings - IFB 16-022 (Ordinance S-47352)

Request to authorize the City Manager, or his designee, to extend and allow additional
expenditures and continue using Ordinance S-42375 under Contract 142347 with
Skyline Productions, Inc. for the purchase of audio-visual services for the
Communications Office. Further request authorization for the City Controller to
disburse all funds related to this item. The additional expenditures will not exceed
$32,000.

Summary
This contract provides on-site audio and visual (A/V) services on an as-needed basis
for the Communications Office at citywide public meetings, and board and commission
hearings. City Council and/or Subcommittee meetings are held weekly and are
currently open to the public through Cisco WebEx, live streamed on phoenix.gov and
broadcast to PHXTV to allow accessibility and transparency of the City’s public
meetings. The public address audio is transmitted to WebEx and to PHXTV studios for
the television broadcast and for live or archived viewing online at phoenix.gov.
Additionally, visual presentations such as PowerPoints and digital files are used at
meetings to supplement discussion. Skyline Productions, Inc. tests the A/V
configurations prior to the meeting start, ensures the devices and components are
working properly, and makes necessary adjustments to the A/V systems throughout
the meetings. The extension would ensure no lapse in coverage as these services are
needed to maintain the overall accessibility and transparency of city meetings, held
virtually during the on-going COVID-19 pandemic.

Contract Term
Upon approval, the contract term will be extended through March 22, 2022.

Financial Impact
Upon approval of $32,000.00 in additional funds, the revised aggregate value of the
contract will not exceed $332,000. Any remaining funds authorized by previous Council
action will be applied to the extended contract term. Funds are available in the
Communications Office's budget.




Page 90

Concurrence/Previous Council Action
This contract was originally approved by City Council on March 23, 2016.

Responsible Department
This item is submitted by City Manager Ed Zuercher and the Communications Office.




Page 91



Report

Amend Federal HOME Program Contract between City of Phoenix and Phoenix
Broadway Associates Limited Partnership (Ordinance S-47355)

Request authorization for the City Manager, or his designee, to amend the federal
HOME Investment Partnerships Acquisition and Rehabilitation Loan Agreement,
City Contract No. 97116, between the City of Phoenix and Phoenix Broadway
Associates Limited Partnership, an Arizona limited partnership to increase the
number of City HOME units to six units and increase the Period of Affordability by
five years in exchange for a forgiveness of the outstanding interest on the loan of
approximately $150,000. Authorization is also requested for the City Manager, or
his designee, to take all action and execute all necessary documents to implement
the amended terms. There is no impact to the General Fund.

Summary
City Contract No. 97116, in the original amount of $250,000 of federal HOME
Investment Partnerships Program (HOME) funds, was executed on June 13, 2001
to assist with the development of the 196-unit Sunrise Vista Apartments located at
4415 S. 28th St. As part of this contract the City also entered an intercreditor
agreement in partnership with the Arizona Department of Housing and the Phoenix
IDA who also provided funding for the project. The Loan Agreement currently
secures four City HOME units serving households whose income does not exceed
50 percent of the Area Median Income.

The Phoenix Broadway Associates Limited Partnership, an Arizona limited
partnership (Owner) is in the process of refinancing this property and has offered to
pay off the entire principal balance of the loan as well as increase the public benefit
by extending the Period of Affordability by five years along with providing the City
an additional two HOME units (for a total of six) in exchange for a forgiveness of the
outstanding interest of approximately $150,000. As the original funding came from
federal sources, there is no impact on the General Fund. All recaptured debt will be
repurposed for further affordable housing per the requirements of the original
funding source.




Page 92

Financial Impact
There is no financial impact to the General Fund.

Location
4415 S. 28th St.
Council District: 8

This item is submitted by Deputy City Manager Inger Erickson and the Housing
Department.




Page 93



Report

Request to Approve Amendment to IGA with Arizona State University for Civic
Space Use (Ordinance S-47349)

Request authorization for the City Manager, or his designee, to execute an
amendment to Agreement 119092-IGA, between the Parks and Recreation
Department and Arizona State University, regarding the Phase II Civic Space
improvements.

Summary
In 2006, the City and Arizona State University (ASU) entered into Master Lease and
Operating Agreement 119092 (the "Master Lease"), in which ASU leased property from
the City for the ASU Downtown Campus. The City and ASU also entered into
Agreement 119092-IGA (the "IGA"), in 2009, regarding the use, operation and
maintenance of Civic Space Park and the A.E. England building.

Subsequently, in 2010, the Phase I Civic Space improvements were completed. The
IGA was amended in 2012, for use of a vacant retail space in the AE England building.
The same year, in 2012, ASU completed renovations to the Post Office building and
the City completed the Phase II Civic Space improvements (the "Phase II
improvements") on what is referred to as the F2 parcel. With the completion of the
Phase II improvements, Civic Space Park's boundaries were extended up to the
southern edge of the renovated Post Office.

With the ASU renovations to the Post Office completed and the City's completion of the
Phase II improvements on the F2 parcel, the parties amended the Master Lease in
2012, to exclude the F2 parcel and the park improvements from the premises leased
by the City to ASU. Additionally, it was understood that the IGA would also need to be
amended to reflect the City's and ASU's rights and obligations with respect to the F2
Parcel and the Phase II improvements; however, the amendment did not occur at that
time.

City staff and ASU staff recently re-engaged in discussions about updating the IGA to
reflect the Phase II improvements and specifically to update the boundary of Civic
Space Park relative to the Post Office. In addition to the boundary issue, the
amendment also clarifies ASU’s ability to continue to work with the Parks and


Page 94

Recreation Department regarding enforcement of park rules and regulations relating to
the use of the Phase II improvements.

Contract Term
This amendment will not change the term of Agreement 119092-IGA.

Financial Impact
No financial impact as a result of the amendment. The City already maintains the
Phase II improvements.

Location
Civic Space Park, 424 N. Central Ave.
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.




Page 95
SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (IGA)
AND
OPERATING AND MAINTENANCE OPERATING AGREEMENT


Downtown Phoenix Civic Space / A.E. England Building
City Contract No. #119092- IGA-002


This Second Amendment to Intergovernmental Agreement (IGA) and Operating and
Maintenance Operating Agreement, Downtown Phoenix Civic Space / A.E. England Building,
City Contract No. # 119092-IGA-002 (this “Amendment”) is made and entered into as of
_______________, 2020 (the "Effective Date"), between the ARIZONA BOARD OF
REGENTS, a body corporate, acting for and on behalf of Arizona State University (“ASU”), and
the CITY OF PHOENIX, a municipal corporation of the State of Arizona (“City”).

RECITALS

A. The City and ASU have partnered on an ASU Campus in Downtown Phoenix (the
ASU Downtown Phoenix Campus), each assuming certain obligations and responsibilities in the
development and operation of that campus as described in the Master Lease and Operating
Agreement (City Contract #119092) dated June 22, 2006 (the "Lease"), as amended by a First
Amendment to the Lease dated March 14, 2014 (City Contract No. 119092-001) (the "First
Amendment to Lease"), a Second Amendment to the Lease dated October 1, 2019 (City
Contract #119092-002), and a Third Amendment to the Lease dated October 1, 2019 (City
Contract #119092-003) (collectively referred to herein as the "Master Lease").

B. The City and ASU previously entered into an Intergovernmental Operating
Agreement # 119092-IGA, dated July 24, 2009 (the "Initial IGA"), as amended by that certain
First Amendment to Intergovernmental Agreement, dated September 11, 2012 (City Contract
#119092-IGA-001) to address the use, operation, and maintenance of the Civic Space and A.E.
England Building (the "First Amendment"; the Initial IGA and the First Amendment are
referred to herein as the "IGA").

C. The construction of the Phase II Civic Space improvements (the "Phase II Civic
Space Improvements") on the Downtown Post Office property on the real property legally
described on Page 1 of Exhibit "A" and graphically depicted on Page 2 of Exhibit "A"
attached hereto and incorporated herein by this reference (the "F2 Parcel") occurred on or about
February 28, 2012. Pursuant to the First Amendment to Lease, the parties (i) amended the
Master Lease to exclude the F2 Parcel and Phase II Civic Space Improvements from the
Premises leased by the City to ASU pursuant to the Master Lease, and (ii) agreed to amend the
IGA to reflect the parties' respective rights and obligations with respect to the F2 Parcel and the
Phase II Civic Space Improvements.

D. The City and ASU desire to amend the IGA as more fully described below.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
obligations of the parties hereto, the City and ASU agree as set forth below:


IGA 2ND AMEND #231582 (11.15.20) 1
Page 96
AGREEMENT

1. Property Subject to IGA. The parties agree that, unless the context expressly
indicates otherwise, all references in the IGA and herein to "Civic Space", "Civic Space Park"
and the "Park" shall be deemed to include the F2 Parcel and the Phase II Civic Space
Improvements constructed thereon.

2. ASU Use Rights Regarding the Phase II Civic Space Improvements. The
following Section G is added to the end of Section 4 of the Initial IGA:

G. Notwithstanding anything to the contrary contained herein,
the parties agree that (a) ASU's officers, officials, agents,
staff, employees, volunteers, and students shall have the
right to use the Phase II Civic Space Improvements at all
times that the Civic Space Park is open for use by the
general public, (b) in addition to using the Phase II Civic
Space Improvements for the Private Events permitted by
Section 4(C) of the Initial IGA, ASU may use the Phase II
Civic Space Improvements for other programs and events,
subject to the prior approval of the City, and (c) so long as
ASU does not interfere with any Special Events or Private
Events hosted by the City at the F2 Parcel, ASU shall have
the right to work with the City’s Parks and Recreation
Department, which is responsible for enforcement of Park
rules and regulations, and the Parks and Recreation
Department shall work cooperatively with ASU as any
concerns arise relating to the use of the Phase II Civic
Space Improvements.

3. General. The Recitals set forth on the first page hereof are incorporated herein as
though fully set forth herein. Unless specifically stated otherwise in this Amendment, all
capitalized terms herein shall have the same meaning as set forth in the IGA. Except as amended
by this Amendment, the provisions of the IGA remain in full force and effect. In the event of
any conflict between the IGA and the provisions of this Amendment, this Amendment shall
control.

[SEE NEXT PAGE FOR SIGNATURES]




IGA 2ND AMEND #231582 (11.15.20) 2
Page 97
IN WITNESS WHEREOF, ASU and the City have caused their respective duly
authorized representatives to execute this Second Amendment to Intergovernmental Agreement
(IGA) and Operating and Maintenance Operating Agreement, Downtown Phoenix Civic Space /
A.E. England Building, City Contract No. # 119092-IGA-002, on their behalf as of the Effective
Date set forth on the first page hereof.

CITY OF PHOENIX, a municipal corporation of
the State of Arizona




By:
Name:
Title:



ATTEST:



City Clerk

The above Amendment has been reviewed pursuant to A.R.S. § 11-952, by the undersigned
attorney for City of Phoenix, Arizona, who has determined that it is in the proper form and is
within the powers and authority granted to the City of Phoenix, Arizona.



City Attorney

ARIZONA BOARD OF REGENTS
acting for and on behalf of Arizona State
University




By:
John P. Creer
Vice President for University Real Estate
Development, ASU




IGA 2ND AMEND #231582 (11.15.20) 3
Page 98
EXHIBIT “A”




IGA 2ND AMEND #231582 (11.15.20) Exhibit "A", Page 1
Page 99
EXHIBIT "A" GRAPHIC DEPICTION




IGA 2ND AMEND #231582 (11.15.20) Exhibit "A", Page 2
Page 100



Report

Request to Approve Amendment to IGA with Arizona State University West Park
Usage (Ordinance S-47353)

Request authorization for the City Manager, or his designee, to execute an
amendment to Agreement 113777-IGA, between the Parks and Recreation
Department and Arizona State University, regarding the use of ASU West land as a

Summary
In 2004, the Parks and Recreation Department (City) and Arizona State University
(ASU) entered into an Intergovernmental Agreement, Agreement 113777 (the "IGA"),
in which ASU provided approximately 40 acres of land on the southwest corner of the
ASU West Campus for the City to use as a public park (51st Avenue and Sweetwater
Soccer Fields); with ASU having rights of first use to certain portions of the park during
certain times of the day. The park included two lighted soccer fields, a restroom
building and open turf for general recreation (Attachment A). The IGA stated that the
park will be maintained by City staff with ASU paying all irrigation costs.

In 2011, ASU and the City executed amendment 113777-1 to remove the eastern,
undeveloped portion of the park for exclusive use by ASU (Attachment B). This
request allowed the university to have space for intramural activities in that area.

Recently, ASU notified the City that they no longer need any priority rights and/or uses
for the portion of the park currently maintained by the City. This area includes two
lighted soccer fields and a restroom building, which are for public use. As such, ASU
has requested that the City now pay for irrigation costs specifically associated with the
park area maintained by the City.

Contract Term
This amendment will not change the term of Agreement 113777-IGA.

Financial Impact
Irrigation costs are estimated to be $56,000 per fiscal year.




Page 101

Location
4950 W. Wood Drive
Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.




Page 102
ATTACHMENT A

ASU Property to be Used as a City Park per Agreement 113777-IGA




Page 103
ATTACHMENT B





Page 104



Report

Authorization to Enter into Agreement with Maricopa Association of
Governments for 9-1-1 System Planning (Ordinance S-47358)

Request authorization for the City Manager, or designee, to retroactively enter into a
contract with the Maricopa Association of Governments (MAG) for emergency 9-1-1
system management and planning in an amount not to exceed $135,000. Further
request authorization for the City Treasurer to accept, and for the City Controller to
disburse, all funds related to this item.

Summary
The System Administrator Agency for the Regional 9-1-1 Program Maricopa Region is
the City of Phoenix (Fire Department). The City of Phoenix is the contracting agent of
ongoing operations of the 9-1-1 call routing system. This authority is given through
signed resolutions by Maricopa Association of Governments (MAG) member agencies.
These agreements act as the governing documents for the oversight of the 9-1-1
system design, implementation, and management in the MAG Region.

MAG is the recipient of 9-1-1 Special Assessments and intends to contract with the
information transport into the 9-1-1 emergency system and support the economic
goals of the State, provide an easily accessible emergency service to the community,
and emergency 9-1-1 planning services.

Contract Term
The contract term is July 1, 2020 through June 30, 2021.

Financial Impact
The Fire Department will be reimbursed for emergency 9-1-1 planning efforts in an
amount not to exceed $135,000.

Location
The Phoenix Fire Department Regional 9-1-1 Services section provides 9-1-1 service,
and related technical support, across the Valley.




Page 105

Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and the Fire Department.




Page 106



Report

Federal Fiscal Year 2020 Assistance to Firefighters Grant Program Funds
(Ordinance S-47362)

Request to authorize the City Manager, or his designee, to retroactively apply for, and
accept, if awarded, up to $175,596 from federal fiscal year (FFY) 2020 Assistance to
Firefighters Grant (AFG) Program to fund two projects: Personal Protective Equipment
(PPE) Decontamination and Fire Ground Survival Training for the Fire Department.
Further request authorization for the City Treasurer to accept, and for the City
Controller to disburse, all funds related to this item. If not approved, the grant, if
awarded, would be turned down.

Summary
The AFG Program, administered through the Federal Emergency Management Agency
(FEMA), is intended to help the nation's fire service by providing vital funds to local fire
departments across the country. The primary goal of the program is to meet the
firefighting and emergency response needs of fire departments, nonaffiliated
emergency medical service organizations, and State Fire Training Academies. Since
2001, AFG has helped firefighters and other first responders obtain critically needed
equipment, protective gear, emergency vehicles, training, and other resources
necessary to protect the public and emergency personnel from fire and related hazards.

PPE Decontamination
The PPE Decontamination Project will update the Fire Department’s PPE
decontamination and cleaning process with an overall goal of improving firefighter
health and safety by reducing repeated exposure to harmful contaminants on unclean
or inadequately cleaned PPE and fire ground equipment. The funds will be utilized to
purchase new washers and dryers and a downdraft table for use in the PFD laundry
room. The total cost for this project is $80,596 with a City-match of around 15 percent
for upgrading the department’s aging PPE decontamination and cleaning system.




Page 107

Fire Ground Survival Training
The Fire Ground Survival (FGS) Training Project will certify Phoenix and regional
partner department trainers to teach Fire Ground Survival to our personnel. The
training will enhance first responder awareness of conditions on the fire ground and
give firefighters the critical skills necessary to handle a firefighter emergency. The
funds will be utilized to provide training to 30 instructors and purchase two training
props; one will be housed permanently at the training academy and one will be trailer
mounted for mobile department wide training. The total cost for this project is $95,000,
with a City-match of around 15 percent.

Since 2008, the Fire Department has received more than $5 million in AFG funding.
These grants were used to purchase portable radios, thermal imaging cameras,
Incident Safety Officer System training, Automatic Chest Compression devices, Peer
Support Team Training and Physical Therapy Equipment upgrades.

Procurement Information
The Fire Department will administer the grant in accordance with Administrative
Regulation 3.10.

Contract Term
The two-year grant Period of Performance is projected to begin on or around May 1,
2021.

Financial Impact
The grant is anticipated to have a 15 percent required cost-match; funds are available
in the Fire Department's operating budget.

Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and the Fire Department.




Page 108



Report

(CONTINUED FROM FEB. 17, 2021) Wastewater Collection System Emergency
Repair and Replacement - Job Order Contracting Services - 4108JOC196
(Ordinance S-47299)

Request to authorize the City Manager, or his designee, to enter into separate master
agreements with two contractors to provide Wastewater Collection System Emergency
Repair and Replacement Job Order Contracting (JOC) services for the Water Services
Department. Further request to authorize execution of amendments to the agreement
as necessary within the Council-approved expenditure authority as provided below,
and for the City Controller to disburse all funds related to this item. The total fee for
services will not exceed $20 million.

Additionally, request to authorize the City Manager, or his designee, to take all action
deemed necessary to execute all utilities-related design and construction agreements,
licenses, permits, and requests for utility services relating to the development, design,
and construction of the project and to include disbursement of funds. Utility services
include, but are not limited to: electrical; water; sewer; natural gas;
telecommunications; cable television; railroads; and other modes of transportation.
This authorization excludes any transaction involving an interest in real property.

Summary
The JOC contractors' services will be used on an as-needed basis to provide
Wastewater Collection System Emergency Repair and Replacement services for repair
or replacement of sanitary sewer lines and force mains. Additionally, the JOC
contractors will be responsible for fulfilling Small Business Enterprise program
requirements.

These Agreements are essential to the health, safety, and welfare of the public and
critical operations for the City.

Procurement Information
The selections were made using a qualifications-based selection process set forth in
section 34-604 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-604(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Eight firms submitted proposals
and are listed below.

Page 109




Selected Firms
Rank 1: WaCo, LLC dba WaCo Contracting
Rank 2: Achen-Gardner Construction, LLC

Additional Proposers
Rank 3: TF Contracting Services, LLC
Rank 4: FPS Civil, LLC
Rank 5: Action Direct LLC dba Redpoint Contracting
Rank 6: Blucor Contracting, Inc.
Rank 7: Kinkaid Civil Construction, LLC
Rank 8: Degan Construction, LLC

Contract Term
The term of each master agreement is for up to five years, or up to $10 million,
whichever occurs first. Work scope identified and incorporated into the master
agreement prior to the end of the term may be agreed to by the parties, and work may
extend past the termination of the master agreement. No additional changes may be
executed after the end of the term.

Financial Impact
The master agreement values for each of the JOC contractors will not exceed $10
million, including all subcontractor and reimbursable costs. The total fee for services
will not exceed $20 million. The value for each job order agreement performed under
this master agreement will be up to $2 million. In no event will any job order agreement
exceed this limit without Council approval to increase the limit.

Funding is available in the Water Services Department's Capital Improvement
Program. The Budget and Research Department will review and approve funding
availability prior to issuance of any job order agreement. Payments may be made up to
agreement limits for all rendered agreement services, which may extend past the
agreement termination.

Responsible Department
This item is submitted by Deputy City Managers Karen Peters and Mario Paniagua,
the Water Services Department, and the City Engineer.




Page 110



Report

Substitute Ground Lease with American Greyhound Racing (Ordinance S-47363)

Request to authorize the City Manager, or his designee, to enter into a substitute
ground lease with American Greyhound Racing, Inc. (Greyhound) at Phoenix Sky
Harbor International Airport.

Summary
Greyhound leases the greyhound racetrack located at 3801 E. Washington St.
Greyhound currently uses the location for a community swap meet market. Greyhound
has requested a five-year lease extension for their current lease. The current lease
has undergone numerous amendments resulting in changes to the boundaries of the
original leased premises. This substitute lease will replace the current lease and clarify
the description of the lease premises.

Contract Term
The term of the lease will be five years and will contain one option to extend the term
on a month-to-month basis for up to two years. The option may be exercised at the
sole discretion of the Aviation Director.

Financial Impact
Rent for the first year of the lease will be approximately $954,240 ($0.78 per-square-
foot), plus applicable taxes. Rent will be adjusted annually thereafter according to the
Phoenix-Mesa-Scottsdale Consumer Price Index. Total anticipated revenue over the
five-year term will be approximately $4,771,200.

Concurrence/Previous Council Action
· The Phoenix Aviation Advisory Board recommended this item for approval on Nov.
19, 2020, by a vote of 9-0.
· The Transportation, Infrastructure and Innovation Subcommittee recommended this
item for approval on Dec. 2, 2020, by a vote of 4-0.

Location
3801 E. Washington St.
Council District: 8



Page 111

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




Page 112



Report

Authorization to Apply for Federal Grant Funds for Aviation-Related Projects
(Ordinance S-47359)

Request to authorize the City Manager, or his designee, to submit applications for
grants to the United States and any of its agencies on behalf of the City of Phoenix
Airport System for aviation-related projects. Further request to authorize the City
Manager, or his designee, to sign all certifications required for the grants, to enter into
agreements with the United States and any of its agencies for the purpose of
accepting federal money, and to amend existing grant agreements. The grant
agreements may contain other terms and conditions deemed necessary or appropriate
by the City Manager or his designee. Additionally request to authorize the City
Treasurer to accept, and the City Controller to disburse, all funds related to this item.

Summary
Each year, the Aviation Department submits grant applications to the United States
and its agencies for eligible aviation-related projects. The Aviation Department takes a
proactive position in obtaining City Council authorization to accept any grants awarded
by the United States and its agencies for eligible aviation-related projects.

These authorizations will allow the Aviation Department to respond promptly to federal
agencies if and when grant offers become available on short notice. The grant
agreements or grant amendments or both may become available from the Department
of Transportation, including the FAA Airport Improvement Program, Department of
Homeland Security, or any other federal program. Action associated with these
authorizations will be for projects in the Aviation Department’s approved Capital
Improvement Plan.

Contract Term
These authorizations are effective until June 30, 2022.

Location
Citywide

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.

Page 113



Report

Authorization to Apply for Federal Non-Grant Funds for Aviation-Related
Projects (Ordinance S-47360)

Request to authorize the City Manager, or his designee, to submit applications for non-
grant funds to the United States and any of its agencies on behalf of the City of
Phoenix Airport System for aviation-related projects. Further request to authorize the
City Manager, or his designee, to sign all certifications required for the non-grant
agreements, enter into agreements with the United States and any of its agencies for
the purpose of accepting federal non-grant funds, and to amend existing agreements.
The agreements and amendments may contain other terms and conditions deemed
necessary or appropriate by the City Manager or his designee. Additionally request to
authorize the City Treasurer to accept, and the City Controller to disburse, all funds
related to this item.

Summary
These authorizations will allow the Aviation Department to respond promptly to federal
agencies if and when non-grant funds become available on short notice. The
transaction agreements or amendments may become available from the Department
of Homeland Security or any other federal program. The Aviation Department takes a
proactive position in obtaining City Council authorization to accept any non-grant funds
awarded by the United States for eligible aviation-related projects.

Contract Term
These authorizations are effective until June 30, 2022.

Location
Citywide

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




Page 114



Report

Authorization to Apply for State Grant Funds for Aviation-Related Projects
(Ordinance S-47361)

Request to authorize the City Manager, or his designee, to submit applications for
grants to the Arizona Department of Transportation (ADOT) on behalf of the City of
Phoenix Airport System for aviation-related projects. Further request to authorize the
City Manager, or his designee, to enter into grant agreements with ADOT, amend
existing grant agreements with ADOT, and take any administrative action related to the
grant agreements that the City Manager or his designee deems necessary or
appropriate. The grant agreements and amendments may contain other terms and
conditions deemed necessary or appropriate by the City Manager or his designee.
Additionally request to authorize the City Treasurer to accept, and the City Controller to
disburse, all funds related to this item.

Summary
Each year, the Aviation Department submits grant applications to ADOT for eligible
projects, including those related to maintenance, safety, capacity enhancement,
environmental studies or planning, and land acquisition. The Aviation Department
takes a proactive position in obtaining City Council authorization to accept any grants
awarded by ADOT for eligible aviation-related projects.

Under the grant agreements, the State requires the City to indemnify and hold
harmless the State and any of its departments, agencies, officers, and employees from
any and all liability, loss, or damage the State may suffer as a result of claims,
demands, costs, or judgments of any character arising out of the City's or its
independent contractor's performance or non-performance in carrying out any
provision of the grant agreements. If any legal action is brought, the indemnification
also includes court costs, expenses of litigation, and reasonable attorney's fees.
Further, the State will not assume any liability to third persons and will not reimburse
the City for the City’s liability to third persons resulting from the performance of the
grant agreements or any subcontract thereunder.

Contract Term
These authorizations are effective until June 30, 2022.



Page 115

Location
Citywide

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




Page 116



Report

Purchase of Nex-Terra Bins (Ordinance S-47335)

Request to authorize the City Manager, or his designee, to enter into a contract with
Waxie Sanitary Supply for the purchase of 15 Nex-Terra bins to be used by customers
to drop off materials at Phoenix City Hall and Calvin C. Goode buildings. Further
request to authorize the City Controller to disburse all funds related to this item. This
contract will have a one-time expenditure of $17,464.

Summary
The Public Works Department seeks to purchase 15 Nex-Terra bins for multiple City
departments, to be used for customers to drop off materials during the newly
established Appointment Only model at Phoenix City Hall and Calvin C. Goode
buildings. The bins will be placed in the atriums and will allow materials to be dropped
off by customers and vendors in a safe and secure manner. The bins can support
larger materials such as blueprints and remain secure until accessed by the respective
department. In response to the COVID-19 pandemic, the City established the
Appointment Only model and these bins will allow customers to drop off time-sensitive
materials to the respective department and continue to use City services without delay.

Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
the result of a determination memo citing time restriction. As a result of the current
COVID-19 pandemic, time is of the essence to purchase these bins to allow business
and services with the City to continue without delay.

Contract Term
This contract will begin upon City Council approval on March 3, 2021 for the one-time
purchase of 15 Nex-Terra bins.

Financial Impact
This contract will have a one-time expenditure amount of $17,464, including all
applicable taxes. Funding is available in the General Fund.

Location
Phoenix City Hall - 200 W. Washington St.


Page 117

Calvin C. Goode - 251 W. Washington St.
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
Department.




Page 118



Report

Sheet Metal Fabrication and Welding Services (Ordinance S-47343)

Request to authorize the City Manager, or his designee, to enter into separate
agreements with Ellyson Enterprises, LLC and Lincoln Constructors, Inc. to provide
sheet metal fabrication and welding services to be used on an as-needed basis.
Further request to authorize the City Controller to disburse all funds related to this
item. The total aggregate amount is $1.4 million over the life of the contracts.

Summary
The Public Works Department is responsible for sheet metal fabrication and welding
services at various City locations and surrounding areas. These agreements will allow
welding and fabrication services to be performed onsite, allowing essential functions to
continue with little downtime. These agreements will provide welding services such as
metal fence repair, repairs to City-owned communication towers, equipment repairs
and custom fabrication. The Aviation Department is responsible for sheet metal
fabrication at Phoenix Sky Harbor International, Deer Valley, and Goodyear Airports for
items such as stainless-steel wraps for the airport security check-point bin
containments or podiums, HVAC plenum duct work, and package air conditioning unit
elbows and roof curbs.

Procurement Information
Invitation for Bid 21-FMD-024 was conducted in accordance with Administrative
Regulation 3.10. Two offers were received by the Public Works Department
Procurement Services on Dec. 2, 2020. The offers were evaluated based on price,
responsiveness to all specifications, terms and conditions, and responsibility to provide
the required services. The offers submitted by Ellyson Enterprises, LLC and Lincoln
Constructors, Inc. were deemed fair and reasonable.

Group A - Welding Services
Ellyson Enterprises, LLC : $205 bid total
Lincoln Constructors, Inc.: $285 bid total

Group B - Sheet Metal Fabrication
Lincoln Constructors, Inc.: $1,140 bid total



Page 119

Contract Term
The initial contract term is for one year beginning on or about April 1, 2021 with four
one-year options to extend the term, for a total contract term of up to five years if all
options are exercised.

Financial Impact
The aggregate value of the contracts, including all option years, is $1.4 million,
including all applicable taxes, with an estimated annual expenditure of $280,000.
Funding is available in the Aviation and Public Works departments' budgets.

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Karen Peters
and the Aviation and Public Works departments.




Page 120



Report

Inform.Net Veeder Root Fuel Monitoring Software Upgrade (Ordinance S-47346)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Eaton Sales and Service to provide an upgrade to existing Veeder Root fuel
monitoring software. Further request to authorize the City Controller to disburse all
funds related to this item. This item will have an aggregate amount of $26,652.

Summary
The Public Works Department is responsible for maintenance, repair, and monitoring
of 28 fuel sites. Recently, the City of Phoenix upgraded its operating system to
Windows 10. At the time of the upgrade, it was discovered that the current Inform.Net
software on existing Veeder Root equipment that monitors the underground fuel
storage tanks for leaks at these fuel sites was no longer supported by the local vendor.
It is imperative to get the new software installed to stay in compliance with federal and
state regulations.

This item has been reviewed and approved by the Information Technology Services
Department.

Procurement Information
In accordance with Administrative Regulation 3.10, a competitive process was waived
in lieu of a determination memo citing special circumstance - without competition with
a time restriction. The equipment used to monitor these underground storage tanks is
currently running on a legacy Windows 7 system, and not supported by Eaton Sales
and Service, Public Works Department's current fuel maintenance and repair vendor.

Contract Term
This agreement will begin on or about Council approval on March 3, 2021, and will
have two option years to be exercised in increments of up to one year, for a total
contract term of three years.

Financial Impact
This item will have an aggregate amount of $26,652. Funding is available in the Public
Works Department's budget.



Page 121

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
Department.




Page 122



Report

Rubberized Crack Sealant - Requirements Contract IFB 21-037 (Ordinance S-
47332)

Request to authorize the City Manager, or his designee, to enter into a contract with
Crafco, Inc. to purchase rubberized crack sealant for the Street Transportation
Department. Further request to authorize the City Controller to disburse all funds
related to this item. The aggregate contract value will not exceed $650,000.

Summary
Rubberized crack sealant is used by the Street Transportation Department as a cost-
effective way to prolong the life of asphalt pavement. The rubberized sealant serves as
a water-tight filler between cracks in asphalt pavement. This product is necessary for
Street Transportation Maintenance staff to perform proper maintenance and repair to
the City's roadways.

Procurement Information
IFB 21-037 was conducted in accordance with Administrative Regulation 3.10. There
were three offers received by the Procurement Division on Dec. 18, 2020, which were
evaluated on price, responsiveness to specifications, and responsibility to provide the
required goods. The bid notification was sent to 39 suppliers and was publicly posted
and available for download from the City's website.

The Deputy Finance Director recommends the offer from Crafco, Inc. be accepted as
the lowest priced, responsive and responsible offer.

Contract Term
The five-year contract term will begin on or about March 4, 2021.

Financial Impact
The aggregate contract value will not exceed $650,000. Funds are available in the
Street Transportation Department's budget.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.


Page 123



Report

Telecommunications Services and Interstate Telecommunications Services
License with XO Communication Services, LLC (Ordinance S-47333)

Request to authorize the City Manager, or his designee, to execute a nonexclusive,
revocable license with XO Communication Services, LLC to construct, install, operate,
maintain and use the public highways in the City of Phoenix in order to provide
telecommunications services and interstate telecommunications services in, under,
over, and across public rights-of-way in the City, subject to the terms and conditions
contained in the license and Phoenix City Code. Further request the Licensee sign the
license within 60 days of Council action, or this authorization will expire. There is no
financial impact to the City for this license.

Summary
XO Communications Services, LLC has a Telecommunications Services and Interstate
Telecommunications Services License with the City. XO Communications Services,
LLC has requested to enter into a new license. The new license will be for a period of
five years with an option for a one-time renewal, and will contain appropriate insurance
and indemnification provisions, require a performance bond and a security fund,
provide for terms of transfer and revocation, and provide for compensation for the
commercial use of public rights-of-way while permitting the City to manage the rights-
of-way.

Contract Term
The license is for a five-year Telecommunications Services and Interstate
Telecommunications Services License with an option for a one-time renewal and will
begin within 60 days of Council approval.

Financial Impact
Licensee will pay an annual fee to the City based on a calculated formula using linear
footage and the Consumer Price Index.

Concurrence/Previous Council Action
The City Council approved License 141499 on Aug. 31, 2015 (Ordinance S-41800).




Page 124

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.




Page 125



Report

Traffic Control Officer Services - Requirements Contract IFB 21-020 (Ordinance
S-47354)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Blue Enforcement Services LLC to purchase Traffic Control Officer Services for
the Street Transportation Department. Further request to authorize the City Controller
to disburse all funds related to this item. The aggregate agreement value will not
exceed $1.5 million.

Summary
The purpose of this agreement is to provide the Street Transportation Department with
off-duty law enforcement officers to manually direct traffic during traffic signal outages
throughout the City of Phoenix. The services will be required on a routine basis, such
as scheduled repairs to traffic signal infrastructure, and non-routine and emergency
situations, such as after normal working hours, weekends, holidays, or early morning
call-outs due to traffic collisions involving damage to traffic signals. These services will
assist in keeping staff safe while performing repairs, as staff are in close proximity to
moving traffic and perform services in overnight hours where the lack of daylight can
be dangerous. This agreement will also help alleviate manpower shortages related to
Phoenix Police off-duty officer availability in maintaining the City of Phoenix traffic
signal system.

Procurement Information
IFB 21-020 was conducted in accordance with Administrative Regulation 3.10. There
were four offers received by the Finance Department Procurement Division on Jan. 22,
2021, which were evaluated on price, responsiveness to specifications, and
responsibility to provide the required goods and services. The bid notification was sent
to 90 suppliers and was publicly posted and available for download from the City's
website.

The Deputy Finance Director recommends the offer from Blue Enforcement Services
LLC be accepted as the lowest-priced, responsive and responsible offer.

Contract Term
The five-year agreement term will begin on or about April 1, 2021.


Page 126


Financial Impact
The total agreement value will not exceed $1.5 million. Funding is available in the
Street Transportation Department’s budget.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation and Finance departments.




Page 127



Report

Grand Canal Phase III - Engineering Services - ST87600131 (Ordinance S-47337)

Request to authorize the City Manager, or his designee, to enter into an agreement
with J2 Engineering & Environmental Design, LLC, to provide Engineering Services
that include design and possible construction administration and inspection (CA&I)
services for the Grand Canal Phase III project. Further request to authorize execution
of amendments to the agreement as necessary within the Council-approved
expenditure authority as provided below, and for the City Controller to disburse all
funds related to this item. The fee for services will not exceed $600,000.

Additionally, request to authorize the City Manager, or his designee, to take all action
deemed necessary to execute all utilities-related design and construction agreements,
licenses, permits, and requests for utility services relating to the development, design,
and construction of the project and to include disbursement of funds. Utility services
include, but are not limited to: electrical, water, sewer, natural gas,
telecommunications, cable television, railroads, and other modes of transportation.
This authorization excludes any transaction involving an interest in real property.

Summary
The purpose of this project is to install a pathway for pedestrians and bicycle use and
incorporate public art, landscaping and neighborhood access points along the Grand
Canal between 75th and 47th avenues.

J2 Engineering & Environmental Design, LLC’s services include, but are not limited to:
engineer’s cost estimates and special provisions; design of a concrete or asphalt
pedestrian and bicycle path; lighting; furniture; shade structures; public art;
complementary landscaping; possible pedestrian bridges; street crossing elements
such as full traffic signals and HAWK pedestrian beacons; pedestrian refuge islands
and/or marked but unsignalized crosswalks that will be constructed within the City of
Phoenix right-of-way; assessment and design of landscaping and drainage; and
coordination with other City departments, governmental agencies and operations staff
during design of the project.

This Agreement is essential to the health, safety, and welfare of the public and critical
operations for the City.


Page 128


Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-603(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Six firms submitted proposals
and are listed below:

Selected Firm
Rank 1: J2 Engineering & Environmental Design, LLC

Additional Proposers
Rank 2: Premier Engineering Corporation
Rank 3: Ritoch-Powell & Associates Consulting Engineers, Inc.
Rank 4: Alta Planning + Design, Inc.
Rank 5: SmithGroup, Inc.
Rank 6: Waibel & Associates Landscape Architecture, LLC

Contract Term
The term of the agreement is two years from the issuance of the Notice to Proceed.
Work scope identified and incorporated into the agreement prior to the end of the term
may be agreed to by the parties, and work may extend past the termination of the
agreement. No additional changes may be executed after the end of the term.

Financial Impact
The agreement value for J2 Engineering and Environmental Design, LLC will not
exceed $600,000, including all subconsultant and reimbursable costs.

Funding is available in the Street Transportation Department's Capital Improvement
Program budget. The Budget and Research Department will separately review and
approve funding availability prior to execution of any amendments. Payments may be
made up to agreement limits for all rendered agreement services, which may extend
past the agreement termination.

Location
Grand Canal between 75th and 47th avenues
Council Districts: 4 and 5

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua, the Street
Transportation Department, and the City Engineer.


Page 129



Report

Salt River Project Construction License for City Project on Oak Street: 3rd Street
to Grand Canal Bike and Pedestrian Improvements (Ordinance S-47350)

Request to authorize the City Manager, or his designee, to enter into a Construction
License with Salt River Project for Bike and Pedestrian Improvements on Oak
Street from 3rd Street to the Grand Canal. Further request the City Council to grant
an exception pursuant to Phoenix City Code 42-20 to authorize inclusion in the
documents pertaining to this transaction of indemnification and assumption of
liability provisions that otherwise should be prohibited by Phoenix City Code 42-18.

Summary
The purpose of this license is to allow the City to install two traffic signal conduit
crossings, two traffic signal poles, eight streetlights, and one pull box as well as
pavement, curb, and gutter and curb ramp upgrades the entire length of the project
that will run parallel with Salt River Project Irrigation facilities. This work is in
conjunction with City Project ST87600121 Oak Street: 3rd Street to Grand Canal
Bike and Pedestrian Improvements.

Contract Term
The term of the Construction License is one year, effective when the City begins
construction, expected to be March 2021.

Financial Impact
There is no financial impact to the City of Phoenix for this license.

Location
Oak Street: 3rd Street to Grand Canal
Council Districts: 4 and 8

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.




Page 130



Report

Salt River Project Construction License for Water Main Replacement on Indian
School Road to Campbell Avenue, 32nd to 36th Streets (Ordinance S-47351)

Request to authorize the City Manager, or his designee, to enter into a Construction
License with Salt River Project for waterline improvements from Indian School Road
to Campbell Avenue, between 32nd and 36th Streets. Further request the City
Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize
inclusion in the documents pertaining to this transaction of indemnification and
assumption of liability provisions that otherwise should be prohibited by Phoenix
City Code 42-18.

Summary
The purpose of this license is to allow the City to install four waterline services that
will cross and one fire hydrant service line that will run parallel with SRP Irrigation
facilities. This work is in conjunction with City Project WS85509044 Water Main
Replacement Indian School Road to Campbell Avenue, 32nd to 36th streets.

Contract Term
The term of the Construction License is one year, effective when the City begins
construction, expected to be March 2021.

Financial Impact
There is no financial impact to the City of Phoenix for this license.

Location
Indian School Road to Campbell Avenue, 32nd to 36th streets
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.




Page 131



Report

Backflow Prevention Assemblies, Supply and Service - IFB 16-044A (Ordinance S
-47356)

Request to authorize the City Manager, or his designee, to ratify the extension and
allow additional expenditures under Contract 142113 with Piper Power Plumbing &
Mechanical Inc., for the supply and service of Backflow Prevention Assemblies for
Public Works, Water Services, and Phoenix Convention Center Departments. Further
request authorization for the City Controller to disburse all funds related to this item.
The additional expenditures will not exceed $819,975.

Summary
Backflow Prevention assemblies are required on all potable water supply piping, which
must be tested and maintained to ensure proper operation. This contract will provide
these services in all City-owned facilities. Without these services, the City of Phoenix
would be unable to operate its public buildings, parks, and swimming pools.

The City is working to competitively re-solicit the contract to ensure the City receives
the services at the best possible value. An extension is necessary in order to ensure
City services are not interrupted during the re-solicitation process.

Contract Term
The contract term will be extended through May 31, 2022.

Financial Impact
Upon approval of $819,975 in additional funds, the revised aggregate value of the
contract will not exceed $3,569,975. Funds are available in the various Department’s
budgets.

Concurrence/Previous Council Action
This contract was originally approved by City Council on Feb. 3, 2016.

Responsible Department
This item is submitted by City Manager Ed Zuercher and the Finance Department.




Page 132



Report

Backflow Annual Testing and Inspection - IFB 16-124A (Ordinance S-47357)

Request to authorize the City Manager, or his designee, to extend and allow additional
expenditures under Contract 143007 with Metering Services Inc., for the supply and
service of Backflow Annual Testing and Inspection for Public Works, Water Services,
and Phoenix Convention Center Departments. Further request authorization for the
City Controller to disburse all funds related to this item. The additional expenditures
will not exceed $84,500.

The City is working to competitively re-solicit the contract to ensure the City receives
the services at the best possible value. An extension is necessary in order to ensure
City services are not interrupted during the re-solicitation process.

Summary
Backflow prevention devices are required for all domestic water supply piping, and
must be tested annually and maintained to ensure proper operation and code
compliance. This contract will provide backflow testing and inspection services for City-
owned facilities. Without these services, the City of Phoenix would be unable to
operate its public buildings, parks, and swimming pools.

Contract Term
The contract term will be extended through May 31, 2022.

Financial Impact
Upon approval of $84,500 in additional funds, the revised aggregate value of the
contract will not exceed $1,597,000. Funds are available in the various Department's
budgets.

Concurrence/Previous Council Action
This contract was originally approved by City Council on June 1, 2016.

Responsible Department
This item is submitted by City Manager Ed Zuercher and Finance Department.




Page 133



Report

Supply of Water and Wastewater Treatment Materials (Ordinance S-47340)

Request to authorize the City Manager, or his designee, to enter into separate
agreements with Chemrite, Inc., Donau Carbon US LLC, DPC Enterprises LP, DuBois
Chemicals, Inc., Hill Brothers Chemical Company, and Thatcher Company of Arizona,
Inc. to provide water and wastewater treatment materials for the purpose of treating
drinking water and effluent for the Water Services Department (WSD). Further request
to authorize execution of amendments to the agreements as necessary within the
Council approved expenditure authority as provided below, and for the City Controller
to disburse all funds related to this item. The aggregate agreements value will not
exceed $25.5 million.

Summary
The purpose of these agreements is to provide WSD with water and wastewater
treatment materials. The Water Production, Wastewater Collection, and Wastewater
Treatment divisions of WSD produce drinking water, collect sewage, and treat
wastewater respectively through a series of treatment processes in accordance with
Environmental Protection Agency (EPA) requirements.

The Contractors' services include but are not limited to: supply, delivery, and unloading
of water and wastewater treatment materials at various WSD facilities.

Procurement Information
The selections were made using an Invitation for Bid (IFB) procurement process in
accordance with City of Phoenix Administrative Regulation 3.10.

Selected Contractors
Chemrite, Inc.
Donau Carbon US LLC
DPC Enterprises LP
DuBois Chemicals, Inc.
Hill Brothers Chemical Company
Thatcher Company of Arizona, Inc.




Page 134

Contract Term
The term for each agreement is five years effective April 1, 2021.

Financial Impact
The agreement values for Chemrite, Inc., Donau Carbon US LLC, DPC Enterprises LP,
DuBois Chemicals, Inc., Hill Brothers Chemicals Company, and Thatcher Company of
Arizona, Inc.; will not exceed a total aggregate value of $25.5 million.

Funding is available in the Water Services Department's Operating budget.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.




Page 135



Report

Maintenance Services for Water Services Department Zeta Potential Analyzers -
Amendment 2 (Ordinance S-47341)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 146378 with Malvern Panalytical, Inc., to provide additional maintenance
services and replace Zeta Potential Analyzer equipment for the Water Services
Department. Further request to authorize the City Controller to disburse all funds
related to this item. The additional amount will not exceed $230,000.

Summary
This agreement provides the Water Services Department (WSD), Environmental
Services Division with maintenance services for Zeta Potential Analyzer equipment.
The equipment is used to measure the effectiveness of the water filtration process and
to gather data regarding water quality at each of the laboratories located within the
City’s four Water Treatment Plants. The equipment also enables WSD to perform a
multitude of analytical tests as required by the Safe Drinking Water Act (SDWA) and
Arizona and National Pollutant Discharge Elimination System (AZPDES & NPDES) to
maintain compliance with Federal, State and Local regulations.

This amendment is necessary because the current equipment is now obsolete and no
longer supported by the vendor. This amendment will allow WSD to continue to
maintain Zeta Potential Analyzers and replace the obsolete equipment, to continue the
department's commitment to providing the highest quality drinking water and services
to our customers.

Financial Impact
· The initial agreement for Zeta Potential Analyzer Maintenance services was
authorized for a fee not-to-exceed $100,000.
· This amendment will increase the agreement value by an additional $230,000, for a
new total not-to-exceed agreement value of $330,000.

Funding is available in the Water Services Department’s Operating budget.

Concurrence/Previous Council Action
The City Council approved Zeta Potential Analyzer Maintenance Agreement 146378


Page 136

(Ordinance S-43616) on June 7, 2017.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.




Page 137



Report

Final Plat - Villa Fifty 2 - PLAT 200605 - North of Taylor and East of 52nd Streets

Plat: 200605
Project: 19-3156
Name of Plat: Villa Fifty 2
Owner(s): Villa Fifty 2, Limited Partnership
Engineer(s): Richard T. Waage, RLS
Request: A 1 Lot Commercial Plat
Reviewed by Staff: Jan. 29, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public. This plat needs to record concurrently with Abandonment 200521.

Location
Generally located north of Taylor and East of 52nd Streets.
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.




Page 138



Report

Final Plat - Faith Christian Center - PLAT 200590 - North of McDowell Road and
West of 26th Place

Plat: 200590
Project: 18-1117
Name of Plat: Faith Christian Center
Owner(s): Faith Christian Center
Engineer(s): David S. Klein, RLS
Request: A 3 Lot Commercial Plat
Reviewed by Staff: Jan. 27, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located north of McDowell Road and west of 26th Place
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.




Page 139



Report

Abandonment of Right-of-Way - ABND 200548 - 14251 N. 7th St. (Resolution
21898)

Abandonment: 200548
Project: 04-3558
Applicant: Evan Boxwell; 88 Ventures - 7th Street LLC
Request: Two abandon two sidewalk easements, per Ordinance S-32313; located on
14251 N. 7th St. Recorded with Maricopa County Recorder, recording number 2015-
1302598.
Date of Decision: Oct. 28, 2020

Summary
The resolution of this abandonment is to be recorded with the Maricopa County
Recorder.

Location
14251 N. 7th St.
Council District: 3

Financial Impact
None.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.




Page 140



Report

Abandonment of Right-of-Way - ABND 200514 - Southeast Corner of Bethany
Home Road and West of 107th Avenue (Resolution 21900)

Abandonment: 200514
Project: 14-834
Applicant: Joe Petrucci; EPS Group Inc.
Request: To abandon a portion of right-of-way, public utility easement and multi-use
trail easement.
Date of Hearing: May 7, 2020

Location
Southeast corner of Bethany Home Road and West of 107th Avenue
Council District: 5

Financial Impact
A fee was also collected as part of this abandonment in the amount of $625.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.




Page 141



Report

Abandonment of Right-of-Way - ABND 200521 - North of Taylor and East of 52nd
Streets (Resolution 21899)

Abandonment: 200521
Project: 19-3156
Applicant: Lorne Wallace; RAS Developments Inc.
Request: To abandon the 20-foot alley right of way
Date of Decision/Hearing: June 4, 2020

Summary
The resolution of the abandonment and the subdivision plat, Final Plat for "Villa Fifty
2," Plat 200605, are to be recorded together with the Maricopa County recorder on the
same day, at the same time. The sequence of recording to be followed is that the
resolution is recorded first, then the plat.

Location
North of Taylor and East of 52nd Streets
Council District: 6

Financial Impact
A fee was also collected as part of this abandonment in the amount of $26,250.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.




Page 142



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-52-20-4 -
Northwest Corner of 7th and Oak Streets (Ordinance G-6812)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R-3 (Multifamily Residence District) and C-2 (Intermediate Commercial District) to WU
Code T3:2 MT (Walkable Urban Code, Transect 3:2 District, Transit Midtown Character
Area) and WU Code T5:6 MT (Walkable Urban Code, Transect 5:6 District, Transit
Midtown Character Area) for multifamily residential.

Summary
Current Zoning: R-3 (Multifamily Residence District) (2.12 acres) and C-2
(Intermediate Commercial) (2.65 acres)
Proposed Zoning: WU Code T3:2 MT (Walkable Urban Code, Transect 3:2 District,
Transit Midtown Character Area) (0.23-acres) and WU Code T5:6 MT (Walkable Urban
Code, Transect 5:6 District, Transit Midtown Character Area) (4.54 acres)
Acreage: 4.77 acres
Proposed Use: Multifamily residential

Owner: MBA 7th St, LLC, et al
Applicant: Jimmy McCloskey, Embrey Partners
Representative: Nick Wood, Esq., Snell & Wilmer, LLP

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Encanto Village Planning Committee heard this case on Jan. 11,
2021 and recommended approval, per the staff recommendation with an additional
stipulation, by a vote of 11-1.
PC Action: The Planning Commission heard this case on Feb 4, 2021 and
recommended approval, per the Encanto Village Planning Committee recommendation
with an additional stipulation, by a vote of 8-0.

Location
Northeast corner of Oak and 7th Streets
Council District: 4
Parcel Addresses: 2302, 2320, and 2330 N. 7th St.; and 375 E. Sheridan St.


Page 143


Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.




Page 144
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(Z-52-20-4) FROM R-3 (MULTIFAMILY RESIDENCE DISTRICT)
AND C-2 (INTERMEDIATE COMMERCIAL DISTRICT) TO WU
CODE T3:2 MT (WALKABLE URBAN CODE, TRANSECT 3:2
DISTRICT, MIDTOWN CHARACTER AREA) AND WU CODE T5:6
MT (WALKABLE URBAN CODE, TRANSECT 5:6 DISTRICT,
MIDTOWN CHARACTER AREA)

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 4.77-acre site located at the northwest

corner of 7th Street and Oak Street, in a portion of Section 32, Township 2 North,

Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from

2.12 acres of “R-3” (Multifamily Residence District) and 2.65 acres of “C-2”

(Intermediate Commercial District) to 0.23 acres of “WU Code T3:2 MT” (Walkable

Urban Code, Transect 3:2 District, Midtown Character Area) and 4.54 acres of “WU

Code T5:6 MT” (Walkable Urban Code, Transect 5:6 District, Midtown Character Area).




Page 145
SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,

violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance: (AWAITING PC RECOMMENDATION)

1. There shall be a minimum landscape setback of 15 feet measured from the
west property line. The landscape setback shall allow for a maximum
encroachment of nine feet to accommodate Walkable Urban Code Frontage
Type from Table 1305.1. The landscape setback area shall be planted with
shade trees placed 25 feet on center or in equivalent groupings with 75 percent
being a minimum 3-inch caliper. The conditions of this stipulation shall be
approved by the Planning and Development Department.

2. No solid perimeter wall greater than 36 inches in height shall be situated within
the boundary of the required landscape setback along the west property line, as
described in Stipulation No. 1.

3. All ground level units oriented to the west (Monterey Park) shall utilize a
Walkable Urban Code Frontage Type from Table 1305.1. and Frontage Types
shall be permitted to encroach into the required landscape area a maximum of
nine feet as necessary to accommodate the selected frontage type, as
approved or modified by the Planning and Development Department.

4. The developer shall provide and maintain the following bicycle infrastructure as
described below and as approved by the Planning and Development
Department.

a. A bicycle repair station (fix-it station) along the southern edge of the site,
visible, and accessible from the public sidewalk. The station shall include
but not limited to the following: standard repair tools affixed to the station;
a tire gauge and pump; and a bicycle repair stand that allows pedals and
wheels to spin freely while adjusting the bike.

b. All required bicycle parking for multifamily use, per Section 1307.H.6.d.
of the Phoenix Zoning Ordinance, shall be secured parking.

c. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near



Page 146
entrances of buildings and installed per the requirements of Section
1306.H. of the Phoenix Zoning Ordinance.

5. The developer shall provide pedestrian access to and from the site with an
emphasis on minimizing walking distances to the existing HAWK at 7th Street
and Oak Street, as approved by the Planning and Development Department.

6. The developer shall provide traffic calming to slow vehicle traffic exiting the
property with specific regard to pedestrian safety on the public sidewalk, as
approved by the Planning and Development Department.

7. The developer shall dedicate a 10-foot sidewalk easement along the west side
of 7th Street, as approved by Planning and Development.

8. There shall be a maximum of one driveway on 7th Street.

9. The developer shall submit a Traffic Impact Study to the City of Phoenix for this
development. No preliminary approval of plans shall be granted until the study
is reviewed and approved by the City. The study shall include, at a minimum, a
traffic signal warrant analysis for the intersection of 7th Street and Oak Street
to evaluate conversion of the HAWK. The developer shall be responsible for
mitigation costs, as identified in the traffic study approval letter.

10. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.

11. The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction
analysis review process, prior to construction permit approval, as per plans
approved by the Planning and Development Department.

12. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.

13. The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.

14. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.


Page 147
15. The developer shall place informational signage in the “motor court” area to
inform exiting traffic how the reversable lane on 7th Street functions including
the hours when the center lane is southbound, northbound, and center-turn.

16. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 3rd day of March,

2021.




________________________________
MAYOR




ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager




Page 148
Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)




Page 149
EXHIBIT A

LEGAL DESCRIPTION FOR Z-52-20-4

Within a portion of Section 32, Township 2 North, Range 3 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described
as follows:

PARCEL NO. 1: (APN NO. 118-46-030)

The East half of Lot 5, BALTIMORE HEIGHTS, according to the plat of record in the
office of the County Recorder of Maricopa County, Arizona, recorded in Book 2 of Maps,
page 67;

EXCEPT that part described as follows:

BEGINNING at a point 20 feet South of the No1iheast comer of said Lot 5;

THENCE South along the East line of said Lot 5, 75 feet;

THENCE West 250 feet;

THENCE North 75 feet;

THENCE East 250 feet to POINT OF BEGINNING; and

EXCEPT that part described as follows:

BEGINNING at a point 95 feet South of the Northeast comer of said Lot 5;

THENCE South along the East line of said Lot 5, 100 feet to a point;

THENCE West 166 feet to a point;

THENCE North 100 feet to a point;

THENCE East 166 feet to the POINT OF BEGINNING;

EXCEPT the North 20 feet thereof; and

EXCEPT the East 7 feet thereof.

PARCEL NO. 2: (APN NO. 118-46-043A)

The East half of Lot 7, BALTIMORE HEIGHTS, according to the plat of record in the
office of the County Recorder of Maricopa County, Arizona, recorded in Book 2 of Maps,
page 67;



Page 150
EXCEPT the East 132 feet of the South 125 feet of the East half of said Lot 7; and

EXCEPT the East 7 feet conveyed to City of Phoenix, a municipal corporation, by
document recorded April 24, 1941, in Book 349 of Deeds, page 456, records of
Maricopa County, Arizona.

PARCEL NO. 3: (APN NO. 118-46-033A)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS:

THAT PART OF LOT 5 BALTIMORE HEIGHTS, ACCORDING TO BOOK 2 OF MAPS,
PAGE 67, RECORDS OF MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:

BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 5, 95 FEET SOUTH OF
THE NORTHEAST
CORNER OF SAID LOT;

THENCE WEST 166 FEET;

THENCE SOUTH 100 FEET;

THENCE EAST 166 FEET;

THENCE NORTH 100 FEET TO THE POINT OF BEGINNING;

EXCEPT THEREFROM THE EAST 7 FEET THEREOF.

PARCEL NO. 4: (APN NO. 118-46-043B)

The East 132 feet of the South 125 feet of the East half of Lot 7, Baltimore Heights,
according to the plat of record in the office of the County Recorder of Maricopa County,
Arizona in Book 2 of Maps, page 67;

EXCEPT therefrom the East 7 feet conveyed to the City of Phoenix, by instrument
recorded April 24, 1941 in Book 349 of Deeds page 456, records of Maricopa County,
Arizona;

ALSO EXCEPT therefrom that part of said Lot 7 described as follows:

BEGINNING at a point on the South line of Lot 7, distant 7 feet West of the Southeast
comer thereof;

Thence West 9 feet along the South line of said Lot 7 to a point;

Thence Northeasterly to a point which is 7 feet West and 9 feet North of the Southeast
comer of said Lot 7;


Page 151
Thence South 9 feet to the POINT OF BEGINNING, as condemned by the City of
Phoenix, in Order of Condemnation recorded in Docket 2621 page 154, records of
Maricopa County, Arizona;

AND ALSO EXCEPT all oil, gas and other minerals as reserved in instrument recorded
in Docket 10313 page 379, records of Maricopa County, Arizona.




Page 152
Page 153



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-64-19-4 -
Approximately 238 Feet West of the Southwest Corner of 3rd Street and Thomas
Road (Ordinance G-6813)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
P-2 TOD-1 (Parking, Interim Transit Oriented Zoning Overlay District One) to PUD
(Planned Unit Development) for Planned Unit Development to allow a self-service
storage facility, household moving center, car sharing, and all uses permitted in
Walkable Urban Code Transect 5:7 District (commercial and residential).

Summary
Current Zoning: P-2 TOD-1 (Parking, Interim Transit Oriented Zoning Overlay District
One)
Proposed Zoning: PUD (Planned Unit Development)
Acreage: 0.94 acres
Proposed Use: Self-service storage facility, household moving center, car sharing, and
all uses permitted in Walkable Urban Code Transect 5:7 District (commercial and
residential).

Owner: Amerco Real Estate Company
Applicant: Parul Butala, Amerco Real Estate
Representative: Parul Butala, Amerco Real Estate

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Encanto Village Planning Committee heard this case on Jan. 11,
2021 and recommended approval, per the staff recommendation with a modification,
by a vote of 7-6.
PC Action: The Planning Commission heard this case on Feb. 4, 2021 and
recommended approval, per the Encanto Village Planning Committee recommendation
with a modified and additional stipulation, by a vote of 7-0.

Location
Approximately 238 feet west of the southwest corner of 3rd Street and Thomas Road
Council District: 4


Page 154

Parcel Addresses: 67, 69, and 71 E. Thomas Road

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.




Page 155
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(Z-64-19-4) FROM P-2 TOD-1 (PARKING, INTERIM TRANSIT-
ORIENTED ZONING OVERLAY DISTRICT ONE) TO PUD
(PLANNED UNIT DEVELOPMENT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 0.94-acre property located approximately

238 feet west of the southwest corner of 3rd Street and Thomas Road, in a portion of

Section 32, Township 2 North, Range 3 East, as described more specifically in Exhibit

“A”, is hereby changed from “P-2 TOD-1” (Parking, Interim Transit-Oriented Zoning

Overlay District One) to “PUD” (Planned Unit Development).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,




Page 156
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. An updated Development Narrative for the U-Haul Smart Mobility Center
Flagship Store PUD reflecting the changes approved through this
request shall be submitted to the Planning Department within 30 days of
Narrative shall be consistent with Development Narrative date stamped
December 11, 2020 as modified by the following stipulations.

a. Front Cover: Add “City Council adopted: [Insert Adoption date]”
below “Hearing Draft: December 10, 2021.

b. Page 12: Revise the table entry for Parking Standards to: delete
Bullet No. 1 regarding bicycle parking and to modify Bullet No. 2 to
specify that the bicycle repair station shall be installed outside the
building, in a conspicuous location, and accessible from the public
sidewalk.

c. Page 12: Revise the table entry for Signage Standards to read as
follows: “The PUD will meet the requirements of this section aside
from one deviations and requirements found in Section E. Signs
on page 14.”

d. Page 12: Revise the table entry for Landscape Standards to read
as follows: “The PUD will meet the requirements of this section, as
applicable to the T5:7 transect, with the additional requirement
that the Thomas Road frontage be planted with a minimum of
seven (7) drought tolerant shade trees with 25 percent four-inch
caliper and the remainder being three-inch caliper or greater.

e. Page 13: Revise the table entry for Character Areas to read as
follows: “The PUD will meet the requirements of this section, as
applicable to the T5:7 Transect, for the Transit Midtown Character
Area, with three additions and clarifications…:

(1) Delete Bullet No. 1

(2) Modify Bullet No. 2 to read “Trees as required per the
Section 1309 and as modified by the Section 1309
reference in this table, in addition to shrubs to provide 75%
groundcover between the sidewalk and the building
frontage, excluding vehicular driveways.

f. Page 14 and 15: Delete the table beginning with “Sign Type” in the
upper left cell, delete the remaining paragraph, and replace with
the below language:


Page 157
(1) “To govern signage on the site, the development shall
adhere to the following conditions, as approved by the
Planning and Development Department:”

(a) The wall mural (lifestyle graphic) shall not exceed
112 square feet in area and 46 feet from grade to
the top of the sign.

(b) Prior to the issuance of any sign permits within the
PUD, a Comprehensive Sign Plan will be adopted
in accordance with the procedures in Section
705.E.2.

(c) Signs over 56 feet from grade to the top of the sign
shall be incorporated into the approved or
amended Comprehensive Sign Plan.

(d) In order to reduce lighting impacts to nearby
residential uses, the maximum luminance
(brightness) for all wall signs shall be 60 nits
measured at the sign face. The maximum color
temperature for all wall signs shall be 4,000 Kelvin.
Sign permit applicants shall provide certification
from a qualified registrant of compliance with these
lighting standards prior to the issuance of permits
for wall signs.

(e) The high-rise wall signs shall have a dimmer
control installed and the signs’ luminance shall be
dimmed 50% at 10:30 pm.

2. The driveway on Thomas Road shall be restricted to a three-quarter
access prohibiting left-turn egress constructed per City of Phoenix
modified Standard Detail P1243-1 or other alternatives, as approved or
modified by the Street Transportation Department.

3. In the event archaeological materials are encountered during
construction, the developer shall immediately cease all ground-
disturbing activities within a 33-foot radius of the discovery, notify the
City Archaeologist, and allow time for the Archaeology Office to properly
assess the materials.

4. The developer shall provide a No Hazard Determination for the
proposed development from the FAA pursuant to the FAA’s Form-7460
obstruction analysis review process, prior to construction permit
approval, as per plans approved by the Planning and Development
Department.


Page 158
5. The property owner shall record documents that disclose the existence,
and operational characteristics of Phoenix Sky Harbor Airport to future
owners or tenants of the property. The form and content of such
documents shall be according to the templates and instructions provided
which have been reviewed and approved by the City Attorney.

6. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with
the Maricopa County Recorder's Office and delivered to the City to be
included in the rezoning application file for record.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 3rd day of March,

2021.




________________________________
MAYOR




ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:



Page 159
____________________________City Manager


Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 160
EXHIBIT A

LEGAL DESCRIPTION FOR Z-64-19-4

A PORTION OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 2
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY ARIZONA. BEING MORE PARTICULARLY DESCRIBED AS;

(APN 118-44-005A)
The West half of Lot 3, of WEST BALTIMORE HEIGHTS, according to the plat of
record in the office of the County Recorder of Maricopa County, Arizona, in Book 4 of
Maps, Page 31;
EXCEPT the North 9 feet thereof.

AND
(APN 118-44-007A and 118-44-008A)
Lot 4, of WEST BALTIMORE HEIGHTS, according to the plat of record in the
Office of the County Recorder of Maricopa County, Arizona in Book 4 of Maps,
Page 31;
EXCEPT the West 31 feet of the South 3 feet of the North 12 feet;
and EXCEPT the North 9 feet.




Page 161
Page 162



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-54-20-6 -
Southeast Corner of 44th Street and Devonshire Avenue (Ordinance G-6814)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R-O (Residential Office - Restricted Commercial District) to R-O HP (Residential Office
- Restricted Commercial District, Historic Preservation) for a Historic Preservation
Overlay for Avery (Frank and Emma) House.

Summary
Current Zoning: R-O (Residential Office - Restricted Commercial District)
Proposed Zoning: R-O HP (Residential Office - Restricted Commercial District, Historic
Preservation)
Acreage: 0.58 acres
Proposal: Historic Preservation Overlay for Avery (Frank and Emma) House

Owner: Rafterhouse Holdings, LLC
Applicant: City of Phoenix, Historic Preservation Commission
Representative: Helana Ruter, Planning and Development Department

Staff Recommendation: Approval.
HPC Action: The Historic Preservation Commission heard this case on Dec. 21, 2020,
and recommended approval, by a vote of 9-0.
VPC Action: The Camelback East Village Planning Committee heard this case on Jan.
5, 2021, and recommended approval, per the staff recommendation, by a vote of 17-0.
PC Action: The Planning Commission heard this case on Feb. 4, 2021, and
recommended approval, per the Historic Preservation Commission and Camelback
East Village Planning Committee recommendations, by a vote of 8-0.

Location
Southeast corner of 44th Street and Devonshire Avenue
Council District: 6
Parcel Address: 4203 N. 44th St.




Page 163

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.




Page 164
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-54-20-6) FROM R-O (RESIDENTIAL
OFFICE – RESTRICTED COMMERCIAL DISTRICT) TO R-O
HP (RESIDENTIAL OFFICE – RESTRICTED COMMERCIAL
DISTRICT, HISTORIC PRESERVATION).


____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 0.58-acre site located on the southeast

corner of 44th Street and Devonshire Avenue in a portion of Section 19, Township 2

North, Range 4 East, as described more specifically in Exhibit “A”, is hereby changed

from “R-O” (Residential Office – Restricted Commercial District) to “R-O HP”

(Residential Office – Restricted Commercial District, Historic Preservation).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.




Page 165
SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 3rd day of March 2021.



________________________________
MAYOR


ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager



Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)




Page 166
EXHIBIT A

LEGAL DESCRIPTION FOR Z-59-20-6

Lot 1 of ARCADIA 44, according to Book 1321 of Maps, Page 21, records of Maricopa
County, Arizona;
EXCEPT that portion conveyed to the City of Phoenix, a municipal corporation, in
Recording No. 2017-
701466 and re-recorded in Recording No. 2017-836144, and more particularly described
as:
A portion of the Southeast quarter of Section 19, Township 2 North, Range 4 East of the
Gila and Salt
River Base and Meridian, Maricopa County, Arizona, and more particularly described as
follows:
COMMENCING at the intersection of Devonshire Avenue and 44th Street, found Brass
Cap in Handhole,
whence the Center Quarter Corner of said Section 19, Brass Cap in Handhole, bears
North 00 degrees
03 minutes 58 seconds East, a distance of 1830.89 feet;
THENCE South 00 degrees 03 minutes 58 seconds West (Basis of Bearings), as shown
on the Final Plat
for “ARCADIA 44”, recorded in Book 1321 of Maps, page 21, Official Records of Maricopa
County,
Arizona departing from said intersection of Devonshire Avenue and 44th Street, along the
monument line
of 44th Street, to the Southwest subdivision corner of said “ARCADIA 44”, a distance of
165.01 feet;
THENCE South 88 degrees 27 minutes 00 seconds East, a distance of 42.01 feet to a
point on the
Easterly right-of-way line of said 44th Street, said point also being the Southwest property
corner of Lot 1
of “ARCADIA 44”, and the POINT OF BEGINNING;
THENCE North 00 degrees 03 minutes 58 minutes East, along said Easterly right-of-way
line of 44th
Street, a distance of 128.65 feet, to a point of non-tangent curvature, concave
Southeasterly, having a
radius of 19.49 feet, and a radial bearing of South 63 degrees 44 minutes 57 seconds
East;
THENCE Northeasterly along the arc of said curve and said right-of-way line to the right,
through a
central angle of 65 degrees 17 minutes 57 seconds, a distance 22.21 feet to a point of
tangency on the
Southerly right-of-way line of said Devonshire Avenue;
THENCE South 88 degrees 27 minutes 00 seconds East, along said Southerly right-of-
way line of
Devonshire Avenue, a distance of 5.53 feet to a point of non-tangent curvature, having a
radius of 20.00



Page 167
feet and a radial bearing of South 1 degrees 33 minutes 00 seconds West;
THENCE Southwesterly along the arc of said curve to the left, through a central angle of
91 degrees 29
minutes 02 seconds, to a point of tangency, a distance 31.93 feet;
THENCE South 00 degrees 03 minutes 58 seconds West, along a line being parallel with
and 45.00 feet
Easterly of, as measured perpendicular to the monument line of said 44th Street, to a
point on the
Southerly subdivision boundary line of said “ARCADIA 44”, a distance of 119.48 feet;
THENCE North 88 degrees 27 minutes 00 seconds West, along said Southerly
subdivision boundary line,
a distance of 3.0 feet returning to said POINT OF BEGINNING.




Page 168
Page 169



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-59-20-6 -
Approximately 130 Feet West of the Southwest Corner of 16th Street and
Bethany Home Road (Ordinance G-6815)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
PSC (Planned Shopping Center) to C-2 (Intermediate Commercial District) to allow C-
2 commercial uses.

Summary
Current Zoning: PSC (Planned Shopping Center)
Proposed Zoning: C-2 (Intermediate Commercial District)
Acreage: 8.80 acres
Proposal: Rezone to C-2 for commercial uses

Owner: James Shough, 16 Bethany Station, LLC
Applicant: Bill Allison, Withey Morris, PLC
Representative: Bill Allison, Withey Morris, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Camelback East Village Planning Committee heard this case on Jan.
5, 2021 and recommended approval, per the staff recommendation with modifications
and an additional stipulation by a vote of 18-0.
PC Action: The Planning Commission heard this case on Feb. 4, 2021 and
recommended approval, per the Camelback East Village Planning Committee
recommendation with an additional stipulation by a vote of 8-0.

Location
Approximately 130 feet west of the southwest corner of 16th Street and Bethany Home
Road
Council District: 6
Parcel Address: 1503, 1515, 1517 and 1525 E. Bethany Home Road; and 5808, 5810,
5812 and 5826 N. 16th St.




Page 170

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.




Page 171
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-59-20-6) FROM PSC (PLANNED
SHOPPING CENTER) TO C-2 (INTERMEDIATE
COMMERCIAL DISTRICT).


____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 8.80-acre site located approximately 130 feet

west of the southwest corner of 16th Street and Bethany Home Road in a portion of

Section 16, Township 2 North, Range 3 East, as described more specifically in Exhibit

“A”, is hereby changed from “PSC” (Planned Shopping Center) to “C-2” (Intermediate

Commercial District).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,



Page 172
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. Prior to the issuance of permits for tenant improvements, the existing
landscape planters along the 16th Street and Bethany Home Road frontages
shall be replenished to provide landscaping in accordance with the C-2 zoning
district standards for planting type, size and quantity. Trees along the street
frontages shall be planted adjacent to the sidewalk to provide shade/thermal
comfort for pedestrians, as approved by the Planning and Development
Department.

2. Prior to the issuance of permits for tenant improvements, existing parking lot
planters shall be replenished to meet Zoning Ordinance commercial standards
per Section 623.E of the Zoning Ordinance, as approved by the Planning and
Development Department.

3. Bicycle parking at a rate of one bicycle space per 25 vehicle parking spaces,
with a maximum of 25 spaces shall be provided on site. These may be inverted
U-bicycle racks, artistic style racks (in adherence to the City of Phoenix
Preferred Designs in Appendix K or the Comprehensive Bicycle Master Plan)
or “Outdoor/Covered Facilities” for guests and employees. These facilities shall
be located near building entrances, installed per the requirements of Section
1307.H of the Zoning Ordinance, and approved by the Planning and
Development Department.

4. The bus stop pad, shelter, furniture, and refuse container along southbound
16th Street, south of Bethany Home Road, shall be retained in its current
condition. Trees shall be placed near the bus stop pad to provide 50 percent
shade coverage at maturity. Any relocation of the bus stop pad or associated
structures shall be as approved by the Public Transit Department.

5. Clearly defined, accessible pedestrian pathways shall be provided to connect
building entrances, public sidewalks, and bus stops, using the most direct route
for pedestrians, as approved by the Planning and Development Department.

6. Where pedestrian pathways cross drive aisles, they shall be constructed of
decorative pavers, stamped or colored concrete, or other pavement treatments
that visually contrast with the adjacent parking and drive aisle surfaces, as
approved by the Planning and Development Department.

7. All pedestrian pathways shall be shaded by trees or shade structures to
provide a minimum of 75 percent shade at maturity.

8. The developer shall dedicate a 10-foot-wide sidewalk easement for the south
side of Bethany Home Road, prior to any future major site plan amendment on
the site.



Page 173
9. The developer shall dedicate a 10-foot-wide sidewalk easement for the west
side of 16th Street, prior to any future major site plan amendment on the site.

10. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

11. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.

12. Any residential development shall require public notice and hearings through
the Planning Hearing Officer process, per Section 506.B.3. of the Phoenix
Zoning Ordinance, including a recommendation from the Camelback East
Village Planning Committee.

13. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 3rd day of March 2021.



________________________________
MAYOR


ATTEST:


____________________________City Clerk




Page 174
APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager



Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)




Page 175
EXHIBIT A

LEGAL DESCRIPTION FOR Z-59-20-6

A PARCEL OF LAND SITUATE IN A PORTION OF THE NORTHEAST QUARTER OF
SECTION 16, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 16,
MONUMENTED BY A CITY OF PHOENIX BRASS CAP IN A HAND HOLE FROM
WHICH THE NORTH QUARTER CORNER OF SAID SECTION 16, MONUMENTED
BY A CITY OF PHOENIX BRASS CAP IN A HAND HOLE BEARS SOUTH 89
DEGREES 59 MINUTES 30 SECONDS WEST, A DISTANCE OF 2667.67 FEET;

THENCE SOUTH 89 DEGREES 59 MINUTES 30 SECONDS WEST, ALONG THE
NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16, A
DISTANCE OF 168.20 FEET;

THENCE SOUTH 00 DEGREES 00 MINUTES 30 SECONDS EAST, A DISTANCE OF
40.00 FEET TO THE TRUE POINT OF BEGINNING OF PROPOSED LOT 2 AND TO A
POINT ON THE WESTERLY BOUNDARY OF THE PROPERTY DESCRIBED IN THE
DOCUMENT RECORDED IN RECORDING NO. 2008-0511498, RECORDS OF
MARICOPA COUNTY, ARIZONA;

THENCE SOUTH 00 DEGREES 16 MINUTES 18 SECONDS WEST, A DISTANCE OF
155.00 FEET;

THENCE SOUTH 89 DEGREES 59 MINUTES 30 SECONDS WEST, A DISTANCE OF
128.00 FEET;

THENCE NORTH 00 DEGREES 16 MINUTES 18 SECONDS EAST, A DISTANCE OF
155.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF
BETHANY HOME ROAD AS DESCRIBED IN THE DOCUMENTS RECORDED IN
DOCKET 3715, PAGES 541, 542, 543 AND 544, RECORDS OF MARICOPA
COUNTY, ARIZONA;

THENCE NORTH 89 DEGREES 59 MINUTES 30 SECONDS EAST, ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 128.00 FEET TO THE TRUE
POINT OF BEGINNING OF PROPOSED LOT 2.

Parcel 2:

A PARCEL OF LAND SITUATE IN A PORTION OF THE NORTHEAST QUARTER OF
SECTION 16, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:



Page 176
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 16,
MONUMENTED BY A CITY OF PHOENIX BRASS CAP IN A HAND HOLE FROM
WHICH THE NORTH QUARTER CORNER OF SAID SECTION 16, MONUMENTED
BY A CITY OF PHOENIX BRASS CAP IN A HAND HOLE BEARS SOUTH 89
DEGREES 59 MINUTES 30 SECONDS WEST, A DISTANCE OF 2667.67 FEET;

THENCE SOUTH 89 DEGREES 59 MINUTES 30 SECONDS WEST, ALONG THE
NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16, A
DISTANCE OF 296.20 FEET;

THENCE SOUTH 00 DEGREES 00 MINUTES 30 SECONDS EAST, A DISTANCE OF
40.00 FEET TO THE TRUE POINT OF BEGINNING OF PROPOSED LOT 3;

THENCE SOUTH 00 DEGREES 16 MINUTES 18 SECONDS WEST, A DISTANCE OF
155.00 FEET;

THENCE NORTH 89 DEGREES 59 MINUTES 30 SECONDS EAST, A DISTANCE OF
128.00 FEET;

THENCE NORTH 00 DEGREES 16 MINUTES 18 SECONDS EAST, A DISTANCE OF
27.00 FEET TO A POINT OF THE SOUTHERLY BOUNDARY OF THE PROPERTY
DESCRIBED IN THE DOCUMENT RECORDED IN RECORDING NO. 2008-0511498,
RECORDS OF MARICOPA COUNTY, ARIZONA;

THENCE NORTH 89 DEGREES 59 MINUTES 30 SECONDS EAST, ALONG SAID
SOUTHERLY BOUNDARY LINE, A DISTANCE OF 128.00 FEET TO A POINT ON THE
WESTERLY RIGHT OF WAY LINE OF 16TH STREET AS DESCRIBED IN THE
DOCUMENTS RECORDED IN DOCKET 3715, PAGES 542, 543 AND 544, RECORDS
OF MARICOPA COUNTY, ARIZONA;

THENCE SOUTH 00 DEGREES 16 MINUTES 18 SECONDS WEST, ALONG SAID
PARALLEL LINE, A DISTANCE OF 491.45 FEET TO A POINT ON THE SOUTHERLY
LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 16;

THENCE SOUTH 89 DEGREES 59 MINUTES 13 SECONDS WEST, ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 626.27 FEET TO THE SOUTHWEST CORNER
OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 16;

THENCE NORTH 00 DEGREES 12 MINUTES 54 SECONDS EAST, ALONG THE
WESTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 16, A DISTANCE
OF 110.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
WESTERLY, WHOSE RADIUS POINT BEARS NORTH 00 DEGREES 12 MINUTES 54
SECONDS EAST, A DISTANCE OF 40.00 FEET AND TO A POINT ON THE



Page 177
EASTERLY RIGHT OF WAY LINE OF 15TH STREET AS DESCRIBED IN THE
DOCUMENTS RECORDED IN DOCKET 3715, PAGES 542, 543 AND 544, RECORDS
OF MARICOPA COUNTY, ARIZONA;

THENCE THE FOLLOWING COURSES AND DISTANCES ALONG SAID RIGHT OF
WAY LINE:

THENCE NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE TO THE
LEFT, THROUGH A CENTRAL ANGLE OF 130 DEGREES 08 MINUTES 33
SECONDS, AN ARC DISTANCE OF 90.86 FEET TO THE BEGINNING OF A
TANGENT REVERSE CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT
BEARS NORTH 50 DEGREES 04 MINUTES 21 SECONDS EAST, A DISTANCE OF
23.53 FEET;

THENCE NORTHERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A
CENTRAL ANGLE OF 40 DEGREES 08 MINUTES 33 SECONDS, AN ARC
DISTANCE OF 16.49 FEET TO A POINT OF TANGENCY;

THENCE NORTH 00 DEGREES 12 MINUTES 54 SECONDS EAST, A DISTANCE OF
418.50 FEET;

THENCE NORTH 44 DEGREES 45 MINUTES 47 SECONDS EAST, A DISTANCE OF
14.28 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF BETHANY
HOME ROAD AS DESCRIBED IN THE DOCUMENTS RECORDED IN DOCKET 3715,
PAGES 541,542, 543 AND 544, RECORDS OF MARICOPA COUNTY, ARIZONA;

THENCE NORTH 89 DEGREES 59 MINUTES 30 SECONDS EAST, ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 49.83 FEET;

THENCE SOUTH 00 DEGREES 00 MINUTES 30 SECONDS EAST, A DISTANCE OF
130.00 FEET;

THENCE NORTH 89 DEGREES 59 MINUTES 30 SECONDS EAST, A DISTANCE OF
176.00 FEET;

THENCE NORTH 00 DEGREES 00 MINUTES 30 SECONDS WEST, A DISTANCE OF
130.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF
BETHANY HOME ROAD AS DESCRIBED IN THE DOCUMENTS RECORDED IN
DOCKET 3715, PAGES 542, 543 AND 544, RECORDS OF MARICOPA COUNTY,
ARIZONA;

THENCE NORTH 89 DEGREES 59 MINUTES 30 SECONDS EAST, ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 110.00 FEET TO THE TRUE
POINT OF BEGINNING OF PROPOSED LOT 3.




Page 178
Page 179



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-9-20-6
(Willowick PUD) - Southwest Corner of 16th and Colter Streets (Ordinance G-
6816)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of
the City of Phoenix, by adopting Rezoning Application Z-9-20-6 and rezone the site
from C-O (Commercial Office - Restricted Commercial District) to PUD (Planned
Unit development) to allow multifamily, retail, and office uses.

Summary
Current Zoning: C-O (Commercial Office - Restricted Commercial District)
Proposed Zoning: PUD (Planned Unit Development)
Acreage: 3.45 acres
Proposal: Rezone to PUD to allow multifamily, retail, and office

Owner: Willowick Square Owner, LLC
Applicant: Stephen W. Anderson, Gammage and Burnham
Representative: Stephen W. Anderson, Gammage and Burnham

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Camelback East Village Planning Committee heard this case on
Jan. 5, 2021, and recommended approval, per the staff recommendation, by a vote
of 18-0.
PC Action: The Planning Commission heard this case on Feb. 4, 2021, and
recommended approval, per the Camelback East Village Planning Committee
recommendation with an additional stipulation, by a vote of 8-0.

Location
Southwest corner of 16th and Colter Streets
Council District: 6
Parcel Address: 5150 N. 16th St.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning
and Development Department.

Page 180
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-9-20-6) FROM C-O (COMMERCIAL OFFICE –
RESTRICTED COMMERCIAL DISTRICT) TO PUD (PLANNED
UNIT DEVELOPMENT).


____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 3.45-acre site located at the southwest

corner of 16th Street and Colter Street in a portion of Section 16, Township 2 North,

Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from “C-

O” (Commercial Office – Restricted Commercial District) to “PUD” (Planned Unit

Development).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,



Page 181
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. An updated Development Narrative for the Willowick PUD reflecting the changes
approved through this request shall be submitted to the Planning and
Development Department within 30 days of City Council approval of this request.
The updated Development Narrative shall be consistent with the Development
Narrative date stamped December 21, 2020, as modified by the following
stipulations:

a. Front cover: Revise the submittal date information on the bottom to add
the following: Hearing draft: December 21, 2020; City Council adopted:
[Add adoption date].

2. The developer shall retain the right-of-way and bus stop pad on southbound 16th
Street south of Colter Street. The bus stop pad shall be compliant with City of
Phoenix Standard Detail P1260 with a minimum depth of 10 feet. The bus stop
pad shall be spaced from the intersection of 16th Street and Colter Street as per
Development Department

3. The developer shall utilize the existing driveway along 16th Street on Parcel No.
APN 162-12-001X to access the site. The developer shall record a cross access
easement between Parcel Nos. 162-12-001X and 162-12-009, to allow for
ingress from the existing driveway south of the site. The agreement is to be
reviewed and approved by the Planning and Development Department prior to
recordation with Maricopa County.

4. The developer shall submit a Traffic Impact Study (TIS) to the City for this
development. No preliminary approval of plans shall be granted until the study
had been reviewed and approved by the City. Additional off-site improvements
and right-of-way dedications may be required as identified in the approved traffic
study. Development shall be responsible for the cost associated with these
improvements and dedications.

5. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

6. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.




Page 182
7. Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder's Office and delivered to the City to be included in the rezoning
application file for record.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 3rd day of March,

2021.




________________________________
MAYOR


ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager



Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)




Page 183
EXHIBIT A

LEGAL DESCRIPTION FOR Z-9-20-6

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN PHOENIX, IN THE
COUNTY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 3 EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE 40
FOOT STRIP OF LAND CONVEYED TO THE CITY OF PHOENIX BY DEED
RECORDED FEBRUARY 13, 1970 IN DOCKET 7998, PAGE 117 AND THE NORTH
LINE OF THE SOUTH 210.00 FEET OF SAID NORTH HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16;

THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 58 MINUTES 27
SECONDS WEST 293.32 FEET;

THENCE PARALLEL WITH THE WEST LINE OF SAID NORTH HALF, NORTH 0
DEGREES 04 MINUTES 29 SECONDS WEST 240.49 FEET;

THENCE PARALLEL WITH THE NORTH LINE OF SAID NORTH HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16,
SOUTH 89 DEGREES 58 MINUTES 25 SECONDS WEST 22.00 FEET TO THE
SOUTHEAST CORNER OF PARCEL 1, AS DESCRIBED IN THE DEED TO THE CITY
OF PHOENIX, AS RECORDED IN DOCKET 8661, PAGE 117;

THENCE ALONG THE EASTERLY LINE OF PARCEL 1 AND ITS NORTHERLY
PROLONGATION, NORTH 00 DEGREES 04 MINUTES 29 SECONDS WEST 180.00
FEET TO THE SOUTH LINE OF THE NORTH 30.00 FEET OF SAID NORTH HALF;

THENCE ALONG SAID SOUTH LINE, NORTH 89 DEGREES 58 MINUTES 25
SECONDS EAST 271.65 FEET TO THE WEST LINE OF THE EAST 83.00 FEET OF
SAID NORTH HALF;

THENCE ALONG SAID WEST LINE, SOUTH 00 DEGREES 10 MINUTES 00
SECONDS EAST 10.00 FEET TO THE SOUTH LINE OF THE NORTH 40.00 FEET OF
SAID NORTH HALF;

THENCE ALONG SAID SOUTH LINE, NORTH 89 DEGREES 58 MINUTES 25
SECONDS EAST 43.00 FEET TO THE WEST LINE OF SAID 40 FOOT STRIP OF
LAND AS DESCRIBED IN DEED RECORDED IN SAID DOCKET 7998, PAGE 117;




Page 184
THENCE ALONG SAID WEST LINE, SOUTH 00 DEGREES 10 MINUTES 00
SECONDS EAST 410.49 FEET TO THE POINT OF BEGINNING;

EXCEPT THAT PORTION CONVEYED TO LIV CAMELBACK AT 16TH, LLC IN
RECORDING NO. 20160854027, RECORDS OF MARICOPA COUNTY, ARIZONA.




Page 185
Page 186



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-5-20-7 -
Southwest Corner of 32nd Drive and Jackson Street (Ordinance G-6817)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
-1 SP (Light Industrial, Special Permit) to A-1(Light Industrial) to allow A-1 for light
industrial uses (dispatch office and heavy truck parking).

Summary
Current Zoning: A-1 SP (Light Industrial, Special Permit)
Proposed Zoning: A-1(Light Industrial)
Acreage: 3.66 acres
Proposal: Rezone to A-1 for light industrial uses (dispatch office and heavy truck
parking)

Owner: MAT Transport, Inc.
Applicant: Milos Minic, Integrated Design
Representative: Milos Minic, Integrated Design

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Estrella Village Planning Committee heard this case on Jan. 19,
2021, and recommended approval, per the Addendum A Staff Report, by a vote of 6-0.
PC Action: The Planning Commission heard this case on Feb. 4, 2021, and
recommended approval, per the Estrella Village Planning Committee recommendation,
with an additional stipulation, by a vote of 8-0.

Location
Southwest corner of 32nd Drive and Jackson Street
Council District: 7
Parcel Address: 3333 W. Jackson St.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.



Page 187
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-5-20-7) FROM A-1 SP (LIGHT INDUSTRIAL, SPECIAL
PERMIT) TO A-1 (LIGHT INDUSTRIAL).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 3.66-acre site located at the southwest

corner of 32nd Drive and Jackson Street in a portion of Section 11, Township 1 North,

Range 2 East, as described more specifically in Exhibit “A”, is hereby changed from

“A-1 SP” (Light Industrial, Special Permit) to “A-1” (Light Industrial).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,

violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:



Page 188
1. The maximum building height shall be 30 feet.

2. A minimum building setback of 50 feet shall be required along the north
property line, exclusive of parking areas, as approved by the Planning and
Development Department.

3. A minimum 10-foot-wide landscape area shall be provided for the eastern 100
feet of the north property line.

4. A minimum 20-foot-wide landscape area shall be provided for the western 550
feet along the north property line.

5. The Jackson Street landscape area shall be developed to the following
standards, as approved by the Planning and Development Department:


a. Minimum 25 percent 1-inch caliper, minimum 50 percent 2-inch caliper,
and minimum 25 percent 3-inch caliper size evergreen trees planted 20
feet on center or in equivalent groupings.

b. Trees shall be oriented in a manner that provides the maximum shade
possible to the adjacent sidewalk.

c. Two-inch and 3-inch caliper size trees shall be located in a manner that
screens semi-truck parking or outdoor uses from public view as much as
possible.

d. Minimum of five, 5-gallon shrubs per tree.

e. Where utility conflicts exist, an alternative solution consistent with a
pedestrian environment shall be provided.

6. The developer shall dedicate right-of-way and construct a 50-foot radius cul-
de-sac at the western end of Jackson Street along with required improvements,
as approved by the Planning and Development Department.

7. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.




Page 189
8. The developer shall record a Notice of Prospective Purchasers of Proximity to
Airport in order to disclose the existence and operational characteristics of
Phoenix Sky Harbor International Airport (PHX) to future owners of the
property.

9. The developer shall provide documentation to the City prior to construction
permit approval that Form 7460-1 has been filed for the development and that
the development received a “No Hazard Determination” from the FAA. If
temporary equipment used during construction exceeds the height of the
permanent structure a separate Form 7460-1 shall be submitted to the FAA
and a “No Hazard Determination” obtained prior to the construction start date.

10. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

11. If Phase I data testing is required, and if, upon review of the results from Phase
I data testing, the City Archaeologist, in consultation with a qualified
archeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.

12. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.

13. The following minimum elements shall be provided and maintained by the
property owner within proximity to Jackson Street, as approved by the Planning
and Development Department:

a. A community garden of no less than 600 square feet in area containing
irrigation;

b. A seating node containing a minimum of one seating element or bench.

14. All surface parking areas shall be shaded to achieve a minimum of 25 percent
shade at maturity, as approved by the Planning and Development Department.

15. The applicant shall pursue approval of alternative paving that minimizes heat
for the surface parking area. If traditional paving is utilized, other design
solutions such as increased shade may be utilized to shade parking areas to
minimize heat absorption, as approved by the Planning and Development
Department.

16. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the



Page 190
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 3rd day of March,

2021.


________________________________
MAYOR


ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney




REVIEWED BY:

____________________________City Manager



Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 191
EXHIBIT A

LEGAL DESCRIPTION FOR Z-5-20-7

WITHIN A PORTION OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 2 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL NO. 1:

THE EAST HALF OF LOT 8, BLOCK 3 AND THE WEST HALF OF LOT 6, BLOCK 4,
WORMSERS ADDITION, ACCORDING TO BOOK 2 OF MAPS, PAGE 16,
RECORDS OF MARICOPA COUNTY, ARIZONA.

EXCEPT THE SOUTH 82.5 FEET OF SAID
LOTS 6 AND 8. PARCEL NO. 2:
THAT PORTION OF OSBORN AVENUE, NOW KNOWN AS 33RD AVENUE, SHOWN
ON THE PLAT OF WORMSERS ADDITION, ACCORDING TO BOOK 2 OF MAPS,
PAGE 16, RECORDS OF MARICOPA COUNTY, ARIZONA, LYING BETWEEN THE
EASTERLY PROLONGATION OF A LINE PARALLEL TO AND 25 FEET SOUTH OF
THE NORTH LINE OF LOT 8 IN BLOCK 3, AND THE EASTERLY PROLONGATION
OF A LINE PARALLEL TO AND 82.5 FEET NORTH OF THE SOUTH LINE OF LOT 8,
BLOCK 3, SAID WORMSERS ADDITION.




Page 192
Page 193



Report

Public Hearing and Ordinance Adoption - Amend City Code - Rezoning
Application Z-13-20-8 - Northwest Corner of State Route 143 and Washington
Street (Ordinance G-6819)

Request to hold a public hearing on a proposal to amend the Phoenix Zoning
Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning
Application Z-13-20-8 and rezone the site from A-2 TOD-1 (Industrial District, Interim
Transit-Oriented Zoning Overlay District One) to A-2 (Industrial District) to remove the
TOD-1 overlay and allow industrial uses. This is a companion case to Z-TA-6-20-8 and
should be heard first.

Summary
Current Zoning: A-2 TOD-1 (Industrial District, Interim Transit-Oriented Zoning Overlay
District One)
Proposed Zoning: A-2 (Industrial District)
Acreage: 1.75 acres
Proposal: Removal of the TOD-1 overlay and allow industrial uses

Owner: Werner L.Schlecht Trust
Applicant: William E. Lally, Tiffany & Bosco, PA
Representative: William E. Lally, Tiffany & Bosco, PA

Staff Recommendation: Denial. In the event of an approval action, mitigating
stipulations are recommended.
VPC Action: The Camelback East Village Planning Committee heard this case on Jan.
5, 2021, and recommended approval, per the staff recommended stipulations, by a
vote of 17-0.
PC Action: The Planning Commission heard this case on Feb. 4, 2021, and
recommended approval per the Camelback East Village Planning Committee
recommendation, by a vote of 8-0.

Location
Northwest corner of State Route 143 and Washington Street
Council District: 8
Parcel Address: 4632 E. Washington St.


Page 194


Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.




Page 195
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-13-20-8) FROM A-2 TOD-1 (INDUSTRIAL
DISTRICT, INTERIM TRANSIT-ORIENTED ZONING
OVERLAY DISTRICT ONE ) TO A-2 (INDUSTRIAL DISTRICT).


____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 1.75-acre site located on the northwest

corner of State Route 143 and Washington Street in a portion of Section 7, Township 1

North, Range 4 East, as described more specifically in Exhibit “A”, is hereby changed

from “A-2 TOD-1” (Industrial District, Interim Transit-Oriented Zoning Overlay District

One) to “A-2” (Industrial District).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B”.

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,



Page 196
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. Conceptual site plan and elevations shall be reviewed and approved by the Planning
Hearing Officer through the public hearing process for stipulation modification prior to
preliminary site plan approval. This is a legislative review for conceptual purposes
only. Specific development standards and requirements may be determined by the
Planning Hearing Officer and the Planning and Development Department.

2. The below stipulated streetscape landscaping standards must be planted prior to the
issuance of any permits.

3. The sidewalk along Washington Street shall be a minimum of eight feet wide and shall
be detached with a minimum 10-foot-wide landscaped strip between the sidewalk and
the back of curb, as approved by the Planning and Development Department. A
sidewalk easement shall be dedicated as necessary.

4. A minimum of 75 percent of the sidewalk shall be shaded.

5. The 10-foot-wide continuous landscape area located between the sidewalk and back
of curb shall include minimum 3-inch caliper, large canopy single-trunk shade trees
(limbed-up a minimum of 10-feet clear from finish grade), planted 20 feet on center or
in equivalent groupings, and minimum 5-gallon shrubs with a maximum mature height
of 2-feet providing 75 percent live cover, as approved by the Planning and
Development Department.

6. The required landscape setback adjacent to the southern property line shall be
planted to the following minimum standards, as approved by the Planning and
Development Department:

a. Twenty-five percent 3-inch caliper large-canopy trees and 75 percent 4-inch
caliper large-canopy trees, planted 20 feet on-center or in equivalent groupings;

b. Five 5-gallon shrubs per tree, and additional shrubs or live groundcover, shall
be provided to a minimum seventy-five percent live cover at mature size.

7. Bollard path lights shall be provided every ten feet along the public sidewalk on
Washington Street, as approved by the Planning and Development Department.

8. A bicycle repair station (“fix it station”) shall be provided on the site, in close proximity
to the public sidewalk. The station shall include but not limited to: standard repair tools
affixed to the station; a tire gauge and pump; and a bicycle repair stand which allows
pedals and wheels to spin freely while making adjustments to the bike, as approved by
the Planning and Development Department.




Page 197
9. All outdoor storage shall be completely screened with a decorative wall, as approved
by the Planning and Development Department.

10. The developer shall construct all streets within and adjacent to the development with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping
and other incidentals, as per plans approved by the Planning and Development
Department. All improvements shall comply with all ADA accessibility standards.

11. The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction analysis
review process, prior to construction permit approval, as per plans approved by the
Planning and Development Department.

12. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or tenants
of the property. The form and content of such documents shall be according to the
templates and instructions provided which have been reviewed and approved by the
City Attorney.

13. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to clearing
and grubbing, landscape salvage, and/or grading approval.

14. If Phase I data testing is required, and if, upon review of the results from the Phase I
data testing, the City Archaeologist, in consultation with a qualified archaeologist,
determines such data recovery excavations are necessary, the applicant shall conduct
Phase II archaeological data recovery excavations.

15. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 3rd day of March 2021.




Page 198
________________________________
MAYOR


ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager



Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 199
EXHIBIT A

LEGAL DESCRIPTION FOR Z-13-20-8


THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST OF SECTION
7, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 7, SAID
CORNER BEING A BRASS CAP IN A HANDHOLE;

THENCE SOUTH 89°23'30" EAST ALONG THE NORTH LINE OF SAID SECTION 7,
1167.63 FEET;

THENCE SOUTH 00%36"30" WEST 40.00 FEET TO THE EXISTING SOUTH RIGHT
OF WAY LINE OF VAN BUREN STREET;

THENCE SOUTH 00°16'30" WEST 329.09 FEET TO THE POINT OF BEGINNING;

THENCE CONTINUING SOUTH 00°16'30" WEST 742.47 FET TO THE NORTHERLY
RIGHT OF WAY LINE OF WASHINGTON STREET;

THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 83°32'20" EAST, ALONG
A CURVE TO THE RIGHT, HAVING A RADIUS OF 11514.32 FEET, A DISTANCE OF
28.02 FEET TO A POINT THEREAFTER REFERRED TO AS POINT "A";

THENCE CONTINUING ALONG SAID CURVE A DISTANCE 100.00 FEET;

THENCE NORTH 09°15'48" WEST, 767.58 FEET TO THE POINT OF BEGINNING.

THERE SHALL BE NO RIGHT OR EASEMENT OF ACCESS TO STATE ROUTE 143
(HOHOKAM FREEWAY) OR TO WASHINGTON STREET, PROVIDED HOWEVER,
THAT ACCESS SHALL BE PERMITTED TO SAID WASHINGTON STREET WEST OF
THE AFORESAID POINT "A".




Page 200
Page 201
$WWDFKPHQW$




Staff Report Z-13-20-8
December 30, 2020

Camelback East Village Planning December 1, 2020
Committee Meeting Date:
Planning Commission Hearing Date: January 7, 2021

Request From: A-2 TOD-1 (Industrial District, Interim
Transit-Oriented Zoning Overlay District
One) (1.75 acres)
Request To: A-2 (Industrial District) (1.75 acres)

Proposed Use: Removal of the TOD-1 zoning overlay

Location: Northwest corner of State Route 143 and
Washington Street

Owner: Werner L. Schlecht Trust

Applicant/Representative William E. Lally, Tiffany & Bosco, PA

Staff Recommendation: Denial. In the event of an approval action,
mitigating stipulations are recommended.

General Plan Conformity
General Plan Land Use Map
Mixed Use/Camelback East Village Core
Designation
Major Arterial with 50-foot north half
Washington Street
Street Map Light Rail Transit street
Classification Approximately 315-
State Route 143 Freeway
foot west half

CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Support reasonable levels of increased intensity, respectful of
local conditions and surrounding neighborhoods.
The proposed removal of the TOD-1 overlay on the site opens up the possibility of
several intense uses which are not compatible with the type of development desired
along the light rail line. The uses that are prohibited by the overlay include auto-
oriented and bulk exterior storage uses, as well as others that do not promote the




Page 202
Staff Report: Z-13-20-8
December 30, 2020


walkable environment desired within close proximity to the light rail line.

STRENGTHEN OUR LOCAL ECONOMY CORE VALUE; MANUFACTURING &
INDUSTRIAL DEVELOPMENT; LAND USE PRINCIPLE: Support the expansion of
industrial zoning in targeted industrial areas.
Although the City of Phoenix General Plan encourages the expansion of industrial
zoning in certain areas, the light rail corridor is not an intended industrial area.
Development along this corridor should incorporate a mix of uses and promote a
pedestrian-friendly environment, which the overlay district achieves.

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; HEALTHY NEIGHBORHOODS; DESIGN PRINCIPLE: Establish design
standards and guidelines for parking lots and structures, setback and buildto
lines, blank wall space, shade, and other elements affecting pedestrians, to
encourage pedestrian activity and identify options for providing pedestrian-
oriented design in different types of development.
Removing the TOD-1 overlay from this site will remove standards designed to ensure
the development of a pedestrian-friendly environment, including maximum building
setbacks, wider sidewalks, frontage activation, and enhanced shade standards.



Applicable Plans, Overlays and Initiatives
Interim Transit-Oriented Zoning Overlay District – See Background Item No. 4.

44th Street Corridor Specific Plan – See Background Item No. 12.

Gateway TOD Policy Plan – See Background Item No. 13.

Complete Streets Guiding Principles – See Background Item No. 14.

Tree and Shade Master Plan – See Background Item No. 15.

Page 203
Staff Report: Z-13-20-8
December 30, 2020


Surrounding Land Uses/Zoning
Land Use Zoning
On Site Vacant lot A-2 TOD-1
North Freeway landscape area C-3 TOD-1
South Pueblo Grande Museum A-2 HP-L
State Route 143 freeway,
East A-2, PUD
multifamily residential
C-2 M-R, C-2 M-R HGT/WVR
West Office park, multifamily residential
DNS/WVR TOD-1


A-2 (Industrial District) *if variance required

Standards Requirements Proposed Site Plan
Gross Acreage - 1.75
Maximum Density (du/ac) N/A N/A
Maximum Building Height 56-foot maximum, up to
80 feet allowed with a use Not shown on site plan
permit
Minimum lot width N/A N/A
Minimum Building Setbacks Washington Street:
25 feet Not shown on site plan
Rear and sides: None
Lot Coverage N/A Not shown on site plan
Common Areas N/A Not shown on site plan




Page 204
Staff Report: Z-13-20-8
December 30, 2020


Background/Issues/Analysis

1. This is a request to rezone a 1.75-
acre site located on the northwest
corner of State Route 143 (SR-143)
and Washington Street from A-2
TOD-1 (Industrial District, Interim
Transit-Oriented Zoning Overlay
District One) to A-2 (Industrial
District) to remove the Interim
Transit-Oriented Zoning Overlay to
allow development of the site per A-
2 standards. The vacant site is
directly adjacent to the SR-143
freeway to the east, a corporate
office park with multifamily
residential to the west and is across
the street from the Pueblo Grande
Museum. Directly to the north and
east of the site are freeway
landscape areas.
Source: City of Phoenix Planning and Development Department
This request has a companion
Text Amendment (Z-TA-6-20), which
proposes to amend Section 662.B. (Interim Transit-Oriented Zoning Overlay District
One) of the Phoenix Zoning Ordinance to remove the subject property from the TOD-1
Overlay District.




Page 205
Staff Report: Z-13-20-8
December 30, 2020


2. The site has a General Plan Land
Use Map designation of Mixed Use.
This same designation is present to
the north and west of the site. To
the east of the site is the
Transportation designation along
the SR-143 freeway and, to the
south of the site, is Parks / Open
Space – Public designation, where
the Pueblo Grande Museum is
located.

Several of the uses permitted in the
A-2 district are not consistent with
the Mixed Use designation.
However, a General Plan Source: City of Phoenix Planning and Development Department

amendment is not needed as the
site is less than 10 gross acres in
size. Source: City of Phoenix Planning and Development Department


The site is also located within the
boundaries of a Village Primary
Core, as shown on the General
Plan Land Use Map. Village Cores
are intended to be the clearly
identifiable central focus for the
village with pedestrian-oriented mix
of land uses. The TOD-1 overlay
provides standards that are
consistent with this intent.




Source: City of Phoenix Planning and Development Department




Page 206
Staff Report: Z-13-20-8
December 30, 2020


3. The proposed site plan does not depict any
development on the site, nor does the project
narrative call out a specific use for the
property. The primary intent of this rezoning
request, per the applicant’s narrative, is to
“allow the property owner to maximize the
property’s value.”

Given the size and shape of this property, any
proposed development under the A-2
development standards would likely require
several variance requests through the Zoning
Adjustment hearing process.

Further, there is no access to the site depicted
on the site plan. With its proximity to the
freeway off-ramp, the Arizona Department of
Transportation has commented that it will not
permit a new driveway to be constructed at
this location.

Staff recommends denial of the request but
does acknowledge that the site's location,
dimensions and limited access points, are
challenges for its development as standalone
parcel. Removal of the Overlay will provide
some flexibility for the property owner to
pursue redevelopment options.
Source: Bowman Consulting


4. The property is located within the boundaries of the TOD-1 overlay district (Interim
Transit-Oriented Zoning Overlay District One), which is intended to encourage an
appropriate mixture and density of activity around transit stations to increase ridership
along the Central Phoenix/East Valley Light Rail Corridor and promote alternative
modes of transportation to the automobile. The secondary purpose of the TOD-1 is to
decrease auto-dependency and mitigate the effects of congestion and pollution. This
request proposes to remove this overlay district, which will effectively remove all of the
development standards that provide for a pedestrian-friendly environment and
encourage a mix of uses on sites adjacent to the light rail. The following background
items are in relation to staff’s recommended stipulations in the event of an approval
action for this case. The stipuations are deisgned to provide the streetscape and
pedestrian improvements envisioned in the TOD overlay.




Page 207
Staff Report: Z-13-20-8
December 30, 2020


5. Due to the unknown nature of the envisioned development for the site, staff is
recommending that any proposed conceptual site plan and elevations be reviewed by
the Planning Hearing Officer through a public hearing process, per Stipulation No. 1.
This will allow the community to be involved in any potential development of the site, as
no specific development plans are proposed with this entitlement case.

6. The proposed removal of the TOD-1 overlay will result in the loss of many development
standards that are intended to provide an enhanced pedestrian environment. To ensure
that pedestrian activity continues to be encouraged along the light rail line, staff is
recommending that a minimum eight-foot-wide sidewalk be provided along Washington
Street, with a minimum 10-foot wide landscape strip between the sidewalk and the back
of curb. To further ensure a pedestrian friendly environment, staff is recommending that
a minimum of 75 percent of the sidewalk be shaded, and that the landscape area
between the sidewalk and back of curb be planted with robust landscaping. These are
addressed in Stipulation Nos. 3, 4, and 5.

7. The site is located approximately 1,200 feet from the nearest light rail station. Per the
standards set forth in the TOD-1 overlay, this site should have a maximum front yard
setback of 12 feet to provide for an activated street frontage. The removal of this overlay
will revert setback standards back to the underlying A-2 district, which calls for a
minimum 25-foot front yard setback, moving any potential active uses away from the
street.

An active street frontage with buildings close to the street will not be possible under the
A-2 district. Therefore, staff is recommending that the landscape setback within this
front yard setback area be planted with large-canopy trees. This will help provide a
more pedestrian-friendly environment as shade from tree canopies will be provided for
those walking or biking along the light rail corridor. This is addressed in Stipulation No.
6.

8. The streetscape development and landscape standards are intended to mitigate the
impact of a heavy industrial zoning district and its associated uses on the pedestrian
realm. To ensure that these protective standards are upheld, staff is recommending that
all streetscape landscaping be planted prior to the issuance of any permits, per
Stipulation No. 2. This includes applications for sign permits.

9. A key element of creating a pedestrian-friendly environment is ensuring that individuals
feel safe when walking along city streets. This site is located in close proximity to a
freeway overpass to the east, which creates safety concerns for pedestrians. To provide
individuals with a sense of security when walking this stretch of Washington Street, staff
is recommending that pedestrian-scale lighting be provided in the form of bollard lights,
along the sidewalk. This is addressed in Stipulation No. 7.

10. The site is located along the light rail line and in close proximity to the light rail station at




Page 208
Staff Report: Z-13-20-8
December 30, 2020


44th Street and Washington Street This is an area where multi-modal transportation
methods are encouraged, as there are also bus lines that run on Washington Street, as
well as bike lanes on both sides of the street. As such, staff is recommending that a
bicycle repair station be provided in close proximity to the sidewalk to serve individuals
who choose to travel by bike, per Stipulation No. 8.

11. Should the TOD-1 overlay be removed from this site, all A-2 uses restricted by the
overlay will be permitted on the site. One such use is outdoor storage. To reduce the
impact of potential outdoor storage on the pedestrian environment, staff is
recommending that outdoor storage be completely screened by a decorative wall. This
is addressed in Stipulation No. 9.

PLANS, OVERLAYS & INITIATIVES
12. 44th Street Corridor Specific Plan
The site is located within the boundaries of the 44th Street Corridor Specific Plan.
Completed in 1991, this Plan established a framework to provide compatibility for new
development within the corridor. Although this specific parcel is not called out in the
plan, it is directly adjacent to properties that are designated as MU3 (Mixed Use 3). The
MU3 designation envisions land uses such as multifamily residential, retail, office, and
hotels. To the south are properties designated as P/OS (Park and Open Space), which
include public land developed as park with improved landscape areas, active and
passive recreational facilities and public gathering functions. To the east, on the other
side of the SR 143 freeway, are properties designated as MU1 (Mixed Use 1), which is
lower in intensity than MU3, and includes land uses such as multifamily residential,
single-family residential, and public/quasi-public uses.




Source: City of Phoenix Planning and Development Department




Page 209
Staff Report: Z-13-20-8
December 30, 2020


13. Gateway TOD (Transit-Oriented Development) Policy Plan
The site is located within the Gateway TOD District, the boundaries for which are the
Union Pacific Railroad on the south, Loop 202 on the north, Interstate 10 on the west
and SR-143 on the east. The policy plan adopted for the Gateway TOD District provides
a blueprint for fully achieving the transformative potential of light rail in a sustainable
manner. Changes advocated in the plan can lower transportation costs for residents,
create new business opportunities, encourage active, healthy lifestyles, ensure Phoenix
increases its competitive advantage in the global marketplace, and improve prosperity
by growing the economy in locations with existing infrastructure and public services. In
order to realize the implementation of the Vision and Master Plan for the Gateway TOD
District, one key recommendation is the implementation of a form-based zoning code.
The standards within the TOD-1 overlay district are similar to many streetscape
standards found within the Walkable Urban Code.

The site lies on the eastern edge of the policy
plan and has not been given a specific master
development vision or a desired Walkable Urban
Code Transect District. However, this site is
within 1,200 feet of the nearest light rail station
on 44th Street and Washington Street, and
should be held to the same standards that have
been outlined for the properties that are located
within a 10-minute walking radius around light rail
stations.




Source: City of Phoenix Planning and Development Department
14. Complete Streets Guiding Principles
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. To support these principles related to
pedestrian connectivity and safety, staff is recommending that an eight-foot wide
detached sidewalk be provided along Washington Street, that bollard path lights be
provided along this sidewalk, and that a bicycle repair station be installed in close
proximity to the right-of-way. These are addressed in Stipulation Nos. 3, 7, and 8.




Page 210
Staff Report: Z-13-20-8
December 30, 2020


15. Tree and Shade Master Plan
The Tree and Shade Master Plan has a goal of treating the urban forest as
infrastructure to ensure that trees are an integral part of the city’s planning and
development process. By investing in trees and the urban forest, the city can reduce its
carbon footprint, decrease energy costs, reduce storm water runoff, increase
biodiversity, address the urban heat island effect, clean the air, and increase
property values. In addition, trees can help to create walkable streets and vibrant
pedestrian places. To support the City’s urban forestry efforts, staff is recommending
that the applicant provide robust landscaping within the landscape area between the
sidewalk and back of curb, as well as within the landscape setback along Washington
Street, to provide a minimum of 75 percent shade along the public sidewalk. Further,
staff is recommending that the landscaping be planted before the issuance of any
permits to ensure that trees and shade are provided regardless of the type of
development on the site. These recommendations are addressed in Stipulation Nos. 2,
4, 5, and 6.

16. Reimagine Phoenix
As part of the Reimagine Phoenix initiative, the City of Phoenix is committed to
increasing the waste diversion rate to 40 percent by 2020 and to better manage its solid
waste resources. This request does not propose any specific use on the site, and thus
does not address how it will manage its trash and recycling waste.

COMMUNITY INPUT SUMMARY
17. At the time this staff report was written, staff has received one letter from a neighboring
property owner citing concerns with traffic generation on this site.

INTERDEPARTMENTAL COMMENTS
18. The Street Transportation Department does not support the removal of the TOD overlay
as the request does not support or align with the City Council approved Complete
Streets Guidelines adjacent to transit. This department has also stated that development
of the site should continue to meet the minimum 75 percent shade standard for public
sidewalks, per Stipulation No. 4, and has required that all streets are constructed with all
required elements and in compliance with ADA standards, which is addressed in
Stipulation No. 10.

19. The site is located within the noise contour area of Phoenix Sky Harbor International
Airport and will be subject to overflights of aircraft operating at the airport and that flight
tracks and traffic patterns may extend several miles beyond the airport boundary. A
Notice to Purchasers will be required that discloses the existence, and operational
characteristics of Phoenix Sky Harbor International Airport to future owners or tenants of
the property. Further, due to the close proximity of the site to the airport, the developer
shall be required to provide documentation prior to final site plan approval that the
development has received a “No Hazard Determination” from the Federal Aviation
Administration. These requirements are addressed in Stipulation Nos. 11 and 12.




Page 211
Staff Report: Z-13-20-8
December 30, 2020


20. The site is located in a larger area identified as being archaeologically sensitive. If
further review by the City of Phoenix Archaeology Office determines the site and
immediate area to be archaeologically sensitive, and if no previous archaeological
projects have been conducted within this project area, it is recommended that
archaeological Phase I data testing of this area be conducted. Phase II archaeological
data recovery excavations may be necessary based upon the results of the testing. A
qualified archaeologist must make this determination in consultation with the City of
Phoenix Archaeologist. In the event archaeological materials are encountered during
construction, all ground disturbing activities must cease within a 33-foot radius of the
discovery and the City of Phoenix Archaeology Office must be notified immediately and
allowed time to properly assess the materials. This is addressed in Stipulation Nos. 13,
14 and 15.

OTHER
21. Development and use of the site is subject to all applicable codes and ordinances.
Zoning approval does not negate other ordinance requirements. Other formal actions
such as, but not limited to, zoning adjustments and abandonments, may be required

Findings

1. The site's location, dimensions and limited access points are challenges for its
development as a standalone parcel. Removal of the Overlay would provide some
flexibility for the property owner to pursue redevelopment options.

2. Several of the uses permitted in the A-2 district are not consistent with the Mixed Use
General Plan Land Use Map designation.

3. The development standards of the A-2 district are not conducive to a pedestrian-friendly
environment, which should be the goal of new developments along the light rail
corridor.

4. The uses prohibited by the TOD-1 overlay are all permitted by right in the underlying
zoning district. These uses are not compatible with transit-oriented development and
should continue to be discouraged along the light rail line.

Stipulations, in the event of an approval action

1. Conceptual site plan and elevations shall be reviewed and approved by the Planning
Hearing Officer through the public hearing process for stipulation modification prior to
preliminary site plan approval. This is a legislative review for conceptual purposes
only. Specific development standards and requirements may be determined by the
Planning Hearing Officer and the Planning and Development Department.

2. The below stipulated streetscape landscaping standards must be planted prior to the




Page 212
Staff Report: Z-13-20-8
December 30, 2020


issuance of any permits.

3. The sidewalk along Washington Street shall be a minimum of eight feet wide and shall
be detached with a minimum 10-foot-wide landscaped strip between the sidewalk and
the back of curb, as approved by the Planning and Development Department. A
sidewalk easement shall be dedicated as necessary.

4. A minimum of 75 percent of the sidewalk shall be shaded.

5. The 10-foot-wide continuous landscape area located between the sidewalk and back
of curb shall include minimum 3-inch caliper, large canopy single-trunk shade trees
(limbed-up a minimum of 10-feet clear from finish grade), planted 20 feet on center or
in equivalent groupings, and minimum 5-gallon shrubs with a maximum mature height
of 2-feet providing 75 percent live cover, as approved by the Planning and
Development Department.

6. The required landscape setback adjacent to the southern property line shall be
planted to the following minimum standards, as approved by the Planning and
Development Department:

a. Twenty-five percent 3-inch caliper large-canopy trees and 75 percent 4-inch
caliper large-canopy trees, planted 20 feet on-center or in equivalent groupings;
b. Five 5-gallon shrubs per tree, and additional shrubs or live groundcover, shall
be provided to a minimum seventy-five percent live cover at mature size.

7. Bollard path lights shall be provided every ten feet along the public sidewalk on
Washington Street, as approved by the Planning and Development Department.

8. A bicycle repair station (“fix it station”) shall be provided on the site, in close proximity
to the public sidewalk. The station shall include but not limited to: standard repair tools
affixed to the station; a tire gauge and pump; and a bicycle repair stand which allows
pedals and wheels to spin freely while making adjustments to the bike, as approved
by the Planning and Development Department.

9. All outdoor storage shall be completely screened with a decorative wall, as approved
by the Planning and Development Department.

10. The developer shall construct all streets within and adjacent to the development with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping
and other incidentals as per plans approved by the Planning and Development
Department. All improvements shall comply with all ADA accessibility standards.




Page 213
Staff Report: Z-13-20-8
December 30, 2020


11. The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction analysis
review process, prior to construction permit approval, as per plans approved by the
Planning and Development Department.

12. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or tenants
of the property. The form and content of such documents shall be according to the
templates and instructions provided which have been reviewed and approved by the
City Attorney.

13. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to clearing
and grubbing, landscape salvage, and/or grading approval.

14. If Phase I data testing is required, and if, upon review of the results from the Phase I
data testing, the City Archaeologist, in consultation with a qualified archaeologist,
determines such data recovery excavations are necessary, the applicant shall conduct
Phase II archaeological data recovery excavations.

15. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.

Writer
Sofia Mastikhina
December 30, 2020

Team Leader
Samantha Keating

Exhibits
Sketch Map
Aerial
Community Correspondence (7 pages)
Site plan date stamped March 13, 2020




Page 214
C-2 M-R R1-6
PKG/WVR*
GATEW
MELVIN ST
C-2
R-3
Z-18-86



AY BLV
Z-19-86
M-R * C-1 C-2 *
C-2 M-R
Z-26-88


D 47TH ST 47TH PL
Z-43-86
Z-19-86 Z-9-88 Z-421-84

PKG/WVR *
Z-146-86
Z-26-88
Z-25-88
C-3
VAN BUREN ST


C-3 C-2 M-R *
Z-116-87 C-3
C-3
C-2 T
M-R *
Z-385-84
C-2 M-R *
H
ST
PUD *
Z-83-04
Z-353-85 MONROE ST
HGT/WVR Z-SP-25-86
Z-354-85 DNS/WVR Z-SP-12-86
Z-17-16
Z-116-87
D
U Z-6-07 C-2 M-R *


44TH ST 48TH ST
PO
A-1
N Z-176-86

A-2
T
C
IR
C-2 M-R *
Z-390-84
Z-SP-10-88

WASH IN GTON
ST


A-2
A-2
A-2 £
¤143


HP-L A-2
Z-110-03
A-1 A-2
HP-L
Z-110-03




IMiles
Z-13-20 NORTHERN AVE

GLENDALE AVE

BETHANY HOME RD

0.075 0.0375 0 0.075
CAMELBACK EAST VILLAGE 7TH ST
CAMELBACK RD
INDIAN SCHOOL RD

16TH ST
CITY COUNCIL DISTRICT: 8 THOMAS RD
SR 51

24TH ST
MC DOWELL RD


32ND ST
VAN BUREN ST


40TH ST
WASHINGTON ST


64TH ST
48TH ST 56TH ST



APPLICANT'S NAME: REQUESTED CHANGE:
William E. Lally, Tiffany & Bosco, PA
FROM:
A-2 TOD-1 ( 1.75 a.c.)
APPLICATION NO. DATE:
7/28/2020
Z-13-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.75 Acres QS 10-38 F-11 TO: A-2 ( 1.75 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
A-2 TOD-1 N/A N/A
A-2 N/A N/A

* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-13-20.mxd
Page 215
C-2 M-R R1-6
PKG/WVR*
GATEW
MELVIN ST
C-2
R-3
Z-18-86



AY BLV
Z-19-86
M-R * C-1 C-2 *
C-2 M-R
Z-26-88


D 47TH ST 47TH PL
Z-43-86
Z-19-86 Z-9-88 Z-421-84

PKG/WVR *
Z-146-86
Z-26-88
Z-25-88
C-3
VAN BUREN ST


C-3 C-2 M-R *
Z-116-87 C-3
C-3
C-2 T
M-R *
Z-385-84
C-2 M-R *
H
ST
PUD *
Z-83-04
Z-353-85 MONROE ST
HGT/WVR Z-SP-25-86
Z-354-85 DNS/WVR Z-SP-12-86
Z-17-16
Z-116-87
D
U Z-6-07 C-2 M-R *


44TH ST 48TH ST
PO
A-1
N Z-176-86

A-2
T
C
IR
C-2 M-R *
Z-390-84
Z-SP-10-88

WASH IN GTON
ST


A-2
A-2
A-2 £
¤143


HP-L A-2
Z-110-03
A-1 A-2
HP-L
Z-110-03


Maricopa County Assessor's Office




IMiles
Z-13-20 NORTHERN AVE

GLENDALE AVE

BETHANY HOME RD

0.075 0.0375 0 0.075
CAMELBACK EAST VILLAGE 7TH ST
CAMELBACK RD
INDIAN SCHOOL RD

16TH ST
CITY COUNCIL DISTRICT: 8 THOMAS RD
SR 51

24TH ST
MC DOWELL RD


32ND ST
VAN BUREN ST


40TH ST
WASHINGTON ST


64TH ST
48TH ST 56TH ST



APPLICANT'S NAME: REQUESTED CHANGE:
William E. Lally, Tiffany & Bosco, PA
FROM:
A-2 TOD-1 ( 1.75 a.c.)
APPLICATION NO. DATE:
7/28/2020
Z-13-20 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.75 Acres QS 10-38 F-11 TO: A-2 ( 1.75 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
A-2 TOD-1 N/A N/A
A-2 N/A N/A

* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-13-20.mxd
Page 216
Sofia Mastikhina

From: Begley, Sara
Sent: Monday, August 17, 2020 4:34 PM
To: wel@tblaw.com; Sofia Mastikhina
Subject: Request to rezone 143 & Washington
Attachments: NWC Washington St and SR-143 TS.pdf; 0734_001.pdf

Follow Up Flag: Follow up
Flag Status: Flagged


DearMr.LallyandMs.Mastikhina,

WeareinreceiptofMr.Lally’scorrespondenceregardingtherequestedrezoningoftheparcellocatedat143&
Washington.CopperPointInsuranceCompanyownsthebuildingat4600E.WashingtonSt.,directlywestofthesubject
parcel.Attachedpleasefindatrafficstudycommissionedin2009whentherewasaproposeddevelopmentofthat
parcel.Theengineerconcludedthatgiventhelocationoftheparcel,therecanbenosafeaccesstotheparcel:






Weareconcernedforthesafetyofthepublicandourtenantsandguestsenteringandexiting4600E.Washingtonand
urgeyoutoconsidertheattachedreportasyouevaluatethereͲzoningrequest.

Sincerely,

SaraM.Begley
EVP,GeneralCounsel&ChiefComplianceOfficer
T:602.631.2136|C:602.751Ͳ3228




3030N3rdStreet|Phoenix,AZ85012
copperpoint.com[copperpoint.com]|f[facebook.com]|t[twitter.com]|
[copperpoint.com]  in[linkedin.com]
AnA.M.BestAͲratedcompany


CONFIDENTIALITYNOTICE:ThiseͲmailtransmission(andtheattachmentsaccompanyingit)maycontainconfidential
informationbelongingtothesenderwhichisprotectedbytheattorneyͲclientprivilege.Theinformationisintendedonly
fortheuseoftheintendedrecipient.Ifyouarenottheintendedrecipient,youareherebynotifiedthatanydisclosure,
copying,distributionorthetakingofanyactioninrelianceonthecontentsofthisinformationisstrictlyprohibited.Any
unauthorizedinterceptionofthistransmissionisillegalunderthelaw.Ifyouhavereceivedthistransmissioninerror,
pleasepromptlynotifythesenderbyreplyeͲmail,andthendestroyallcopiesofthetransmission.



Page 217
August 31, 2009

Mike Curley
Earl, Curley, & Lagarde, P.C.
3101 North Central Avenue
Suite 1000
Phoenix, Arizona 85012


RE: NWC of Washington Street and State Route 143 Traffic Statement


Dear Mr. Curley:

CivTech has been retained to analyze the potential traffic impacts of a five story, 54,000 square
foot, office development proposed to be located on the northwest corner of Washington Street
and State Route 143 (SR-143) in Phoenix, Arizona.

The purpose of this traffic statement is to address adjacent development questions and
concerns. The specific objectives of this traffic statement are to:
x Determine the trip generation potential of the development;
x Discuss travel routes to/from the subject parcel;
x Discuss potential driveway locations and requirements; and,
x Determine the level of development that could work from a traffic perspective.

TRIP GENERATION
The potential trip generation for the site was estimated utilizing equations developed by the
Institute of Transportation Engineers (ITE) provided in Trip Generation, 8th Edition. Table 1
summarizes the trip generation potential of the 54,000 square foot office. Detailed trip
generation calculations are included as an Attachment.

Table 1: Trip Generation Potential of the 54,000 Square Foot Office
ITE Land Weekday Trips Generated
Land Use Daily AM Peak Hour PM Peak Hour
Use Code Size Units Total Enter Exit Total Enter Exit Total
General
710 54,000 SF 832 101 14 115 24 116 140
Office

The results of the trip generation summarized in Table 1 reveal that the 54,000 square foot
office could generate as many as 832 daily trips, with 115 trips occurring during the AM peak
hour and 140 trips occurring during the PM peak hour.



CivTech Inc. • 10605 North Hayden Road • Suite 140 • Scottsdale, Arizona 85260
Office 480-659-4250 • Fax 480-659-0566
Page 218
NWC Washington Street and SR-143 Traffic Statement


EXISTING CONDITIONS
The subject property occupies approximately one acre, and is bordered by Washington Street to
the south and the southbound off-ramp of SR-143 to the east and north. An existing office
development, Washington Corporate Center, occupies the site immediately to the west of the
subject parcel.

Washington Street is an east-west roadway located along the southern boundary of the site.
Within the study area, Washington Street provides three travel lanes in each direction separated
by a raised center median. The light rail exists in the median of Washington Street adjacent to
the subject property. Per the City of Phoenix Major Traffic Flow 2005 Average Weekday Traffic
Map Washington Street near SR-143 carries approximately 30,900 vehicles per day.

ACCESS TO THE SUBJECT PROPERTY
Access to/from the subject property would only be available from/to westbound Washington
Street. Accessing the site driveway from other directions will be somewhat circuitous, as will
exiting the site being destined to the north, south, and/or east.

Site patrons arriving to the site from eastbound Washington Street will need to travel past the
site, and make a U-turn at SR-143 to access the site driveway.

The easiest way for site patrons arriving from the north to access the site, is to travel
southbound on SR-143, and turn right onto Washington Street to access the site driveway.

Site patrons arriving to the site from the south will likely travel northbound on SR-143, and turn
left onto Washington Street. From northbound 44th Street, site patrons would need to turn right
onto Washington Street, and make a U-turn at SR-143 to access the site driveway.

Site patrons leaving the site destined to the east will need to travel westbound on Washington
Street, and make a U-turn at 44th Street to travel to the east.

Site patrons leaving the site destined to the north will need to travel westbound on Washington
Street, and make a right-turn at 44th Street to travel to the north. Another option would be to
travel westbound on Washington Street, make a U-turn at 44th Street, and make a left-turn at
SR-143 to travel to the north.

Site patrons leaving the site destined to the south will need to travel westbound on Washington
Street, and make a left-turn at 44th Street to travel to the south on SR-153. Another option
would be to travel westbound on Washington Street, make a U-turn at 44th Street, and make a
right-turn at SR-143 to travel to the south.

SUBJECT PROPERTY DRIVEWAY
ADOT Access Control
The site has approximately 125 feet of frontage along Washington Street. The subject parcel
has no other street frontage. The site frontage along Washington Street falls within the Arizona
Department of Transportation (ADOT) access control, as the full access control typically
extends along the crossroad a minimum of 300 feet beyond the end of the ramp radius return.
Per the ADOT Roadway Design Guidelines (January 2007), if the 300 foot minimum is not
practical to obtain, as much distance as practical should be obtained, however, an absolute




Page 219
NWC Washington Street and SR-143 Traffic Statement


minimum of 100 feet should be obtained and any access provided within the remaining distance
to 300 feet should be accessed only by right-in/right-out traffic. Based on the ADOT access
control policy, any site access point would be limited to a right-in/right-out only driveway, and
would need to be located on the western half of the site frontage.

Driveway Corner Clearance
The distance between adjacent driveways and intersections must be adequate to allow
driveway vehicles to safely queue, accelerate, decelerate, and cross conflicting traffic streams
without excessive interference with through traffic, or traffic using the adjacent intersection. Per
the ITE Transportation and Land Development, the minimum distance downstream from a
signalized intersection to a right-in/right-out access is 230 feet. No driveway anywhere along
the site frontage will meet this criterion.

Deceleration Lane
Right-turn deceleration lanes are typically required when the outside lane has an expected
volume of greater than 250 vehicles per hour and the right-turn volumes is greater than 55
vehicles per hour. Assuming a right-in/right-out driveway along Washington Street is permitted
to allow access to the subject property, 101 vehicles would be expected to enter the
development during the AM peak hour. This would satisfy the above stated criterion; therefore,
a westbound right-turn deceleration lane would be recommended.

ADOT requires a minimum 100 feet storage length for turn lanes; however, a standard right-turn
deceleration lane cannot be accommodated at this location due to the configuration of the
southbound SR-143 off-ramp at Washington Street. Even if the site driveway is located as far to
the west of the property as possible, and a minimal transition length is used, there is only
approximately 40-50 feet of storage available for the westbound right-turn lane.

Based on all of the previously presented information, it is the opinion of CivTech that safe,
efficient, and reasonably convenient access to the subject parcel cannot be obtained due to the
limiting site characteristics and traffic design elements.

ALTERNATIVE DEVELOPMENT SCENARIO
An alternative calculation was conducted to determine the level of development that could work
from a traffic perspective for the subject site. Because a right-turn deceleration lane cannot be
accommodated at the site driveway, and a right-turn deceleration lane is warranted when the
right-turn volume is greater than 55 vehicles per hour, 55 vehicles entering the development in
the peak hour was used as the limiting factor. The alternative development scenario trip
generation potential was estimated utilizing equations developed by ITE in the Trip Generation,
8th Edition. To achieve less than 55 vehicles entering during the peak hour, it was determined
that the office development would need to be reduced to 45 percent of the original square
footage. This would result in a 24,300 square foot office building. The potential trip generation
for the 24,300 square foot office building is summarized in Table 2. Detailed trip generation
calculations are included as an Attachment.




Page 220
NWC Washington Street and SR-143 Traffic Statement


Table 2: Trip Generation Potential of the 24,300 Square Foot Office
ITE Land Weekday Trips Generated
Land Use Daily AM Peak Hour PM Peak Hour
Use Code Size Units Total Enter Exit Total Enter Exit Total
General
710 24,300 SF 450 54 7 61 18 89 107
Office

The results of this trip generation reveal that the reduced 24,300 square foot office could
generate as many as 450 daily trips, with 61 trips occurring during the AM peak hour and 107
trips occurring during the PM peak hour. The results of the alternative development scenario
trip generation summarized in Table 2 also reveal that the number of vehicles entering the
development in the AM peak hour falls just under the threshold volume (55 vehicles per hour)
warranting a right-turn deceleration lane.

CONCLUSIONS
From the above, the following has been concluded.
x The results of the trip generation calculations reveal that if the proposed 54,000 square foot
office could generate as many as 832 daily trips, with 115 trips occurring during the AM
peak hour and 140 trips occurring during the PM peak hour.
x Access to/from the subject property will only be available from/to westbound Washington
Street. Accessing the site driveway from other directions will be somewhat circuitous, as will
exiting the site being destined to the north, south, and/or east.
x Based on the ADOT access control policy, any site access point would be limited to a right-
in/right-out only driveway, and would need to be located on the western half of the site’s 125
foot frontage along Washington Street.
x No driveway anywhere along the site frontage will meet the minimum distance requirement
of 230 feet downstream from a signalized intersection to a right-in/right-out driveway.
x Assuming a right-in/right-out driveway along Washington Street is permitted to allow access
to the subject property, a westbound right-turn deceleration lane, with a minimum 100 feet
storage length, would be recommended.
x Even if the site driveway is located as far to the west of the property as possible, and a
minimal transition is used, there is likely only approximately 40-50 feet of storage available
for the westbound right-turn lane.
x Based on all of the previously presented information, it is the opinion of CivTech that safe,
efficient, and reasonably convenient access to the subject parcel cannot be obtained due to
the limiting site characteristics and traffic design elements. In addition, an driveway along
the site frontage would not meet the recommended criteria per ITE Transportation and Land
Development.
x It was determined that the office development would need to be reduced to 45 percent of the
original square footage (to 24,300 square feet), in order to keep the number of vehicles
entering the development in the AM peak hour under the threshold volume (55 vehicles per
hour) warranting a right-turn deceleration lane.




Page 221
NWC Washington Street and SR-143 Traffic Statement


In closing, this traffic statement has been prepared to address adjacent development questions
and concerns and to allow the adjacent development to understand the traffic impacts of the
proposed development. Should you wish to discuss this information further, please contact me
at (480) 659-4250.


Sincerely,

CivTech Inc.



Dana L. Chamberlin, P.E., PTOE
Project Manager/Traffic Engineer


Attachments




Page 222



 

  


 


 




 
















































 

Page 223

 


 
 
 
 

 

















Δ





 In Maricopa County: (602) 263-1100
Attachment C




Village Planning Committee Meeting Summary
Z-13-20-8

Date of VPC Meeting January 5, 2021
Request From A-2 TOD-1
Request To A-2
Proposed Use Removal of TOD overlay
Location Northwest corner of State Route 143 and Washington
Street
VPC Recommendation Approval subject to staff’s recommended mitigating
stipulations
VPC Vote 17-0


VPC DISCUSSION & RECOMMENDED STIPULATIONS:

Ms. Sofia Mastikhina, staff, provided an overview of the requests, including the
location, current zoning and General Plan Land Use Map designation, and surrounding
land uses and zoning districts. She explained that the site is designated as Mixed Use
on the General Plan Land Use Map and is also located within the boundaries of the
Village Core. The proposal to remove the TOD overlay from the site to allow all uses of
the underlying A-2 district is not consistent with either, as it would allow outdoor uses
such as junk yards, car washes, outdoor storage, and billboards. She explained that the
purpose of the TOD overlay district is to encourage an appropriate mixture and density
of activity around transit stations to increase ridership along the Central Phoenix/East
Valley Light Rail Corridor and promote alternative modes of transportation to the
automobile, and to decrease auto-dependency and mitigate the effects of congestion
and pollution. The overlay achieves these goals by outlining development standards
that promote a pedestrian-friendly environment and encourage a mix of uses on sites
adjacent to the light rail. The site is also located in the Gateway TOD Policy Plan, which
provides guidance for development along and in close proximity to the light rail line. In
order to realize the Vision and Master Plan for the Gateway TOD District, one key
recommendation is the implementation of a form-based zoning code. The standards
within the TOD-1 overlay district are similar to many streetscape standards found within
the Walkable Urban Code. The site is also located within the boundaries of the 44th
Street Corridor Specific Plan. Although this parcel is not specifically designated on the
plan, it is adjacent to sites that are designated for a variety of mixed-use uses. Ms.
Mastikhina then presented the site plan submitted with the application, which does not
show any development plans. She explained that vehicular access to the site is not a


200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

Page 224
possibility as the Arizona Department of Transportation has deemed it to be too close to
the freeway off-ramp. Staff recognizes that the site’s location, dimensions and limited
access are challenges for its development as a standalone parcel and that the removal
of the overlay could provide some flexibility for the property owner to pursue
redevelopment options. She then outlined staff’s findings and recommendation for
denial. She then listed the stipulations created by staff in the event that an approval
action is taken.

Mr. William Lally, representative with Tiffany and Bosco, P.C., provided a summary of
the request. He explained that the site is a small sliver located on Washington Street
along SR 143, and is a leftover of the condemnation and construction of the freeway.
The site has a width of 120 feet along Washington Street, so some of the uses
permitted in the underlying A-2 district simply would not be able to sit on the site, in
addition to the lack of vehicular access due to its proximity to the freeway off-ramp.
These same restrictions would preclude any type of transit-oriented development from
being realistically built on the site. Additionally, the property owner has previously
sought access to the site from the northern portion of the property, from the neighboring
property to the west, but it was not feasible. He explained that the property has been
vacant since the 1980’s and purchased in the 1990’s with the intent to develop.
However, the size and location of the property render it unusable. The property owner
had approached them to discuss what would be possible here, such as freeway
signage. He explained that the proposal is to simply remove the overlay to revert the
zoning back to what it’s always been. The TOD overlay stops at the freeway, and all
transit-oriented developments should and have been developed to the west of this end
line. This property does not have the potential to have any type of transit-oriented
development on it. He then addressed staff’s recommended stipulations, pointing out
that a lot of the pedestrian-related improvements that would be required by the overlay
will now be required with this removal. As this site is not conducive to transit-oriented
development, these improvements would likely never have been built. With this
proposal, these improvements such as the sidewalks and landscaping will be built out.

Mr. Daniel Sharaby asked if the applicant has any exhibits showing what the site will
look like with the streetscape improvements. Mr. Lally replied that they do not, as they
only received the stipulations when the staff report was published about a week ago.

Ms. Ashley Nye explained that she understands why staff is recommending denial of
this case, but that the mitigating stipulations will result in a much better streetscape,
ultimately. Given this, she expressed her support for approving the project.

Mr. Tom O’Malley asked for confirmation that no vehicular access is possible on the
site, and that there really only is one use that would be viable on the site. Mr. Lally
confirmed that ADOT would not permit a new driveway so close to the freeway off-ramp,
and that the use envisioned for the site is a freeway sign. Mr. O’Malley asked Mr. Lally
to explain the history of the attempted sign permit on the site. Mr. Lally explained that
they had submitted an application for a variance and a use permit to allow an off-
premise sign with additional height on the site in 2017. The application underwent staff
review and was approved by the Zoning Adjustment Hearing Officer but, due to an
appeal and a subsequent Board of Adjustment hearing, further research was done and
the restriction on off-premise signage by the TOD overlay was uncovered.



200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 225
Mr. Vic Grace asked if the sidewalk improvements will be equal to what exists on the
property to the west of the site, or if they will go above and beyond it. Mr. Lally replied
that, per staff’s recommended stipulations, the streetscape improvements will include a
wider sidewalk that will be detached, 75 percent tree shade, bollard lights, and a bicycle
repair facility – all of which exceed what exists along the property to the west.

PUBLIC COMMENT

Mr. Wally Graham stated that the applicant has owned this land since March 4, 1998,
when he purchased it from the State Department of Transportation. The deed from this
transaction outlines the access restriction due to the proximity to SR 143, so the
property owner was aware of this when purchasing the property, as well as the odd
shape of the property, which has not changed since then. In 2009, the property owner
tried to erect a building on the lot, which was denied. He stated that the proposal at
hand is to erect an 85-foot tall billboard and agreed with staff’s recommendation for
denial. Mr. Graham then addressed the TOD removal, stating the overlay was part of
the Reinvent Phx initiative, which aims to make areas of Phoenix more walkable and
was approved by this committee. He stated that this removal is unprecedented and that,
if approved, other property owners will want to do the same. He asked that the
committee deny this application.

Mr. Lally addressed Mr. Graham’s statement regarding no changes having occurred to
the property since the property owner purchased it. He stated that one major change
has occurred since then, which was the approval of the TOD overlay in 2009, which
immediately restricted what could be developed on the site. Further, the overlay
removal would only allow a maximum 70-foot-tall billboard, not 85 feet as Mr. Graham
stated, and any request to go above that would be required to go through the Zoning
Adjustment Hearing process. Additionally, at least three other overlay removal cases
have been processed recently, so this is not unprecedented.

Motion:
Mr. Tom O’Malley made a motion to approve the request subject to the staff
recommended mitigating stipulations. Mr. Daniel Sharaby seconded the motion.

Vote: 17-0
Motion passes with committee members Swart, Abbott, Augusta, Bair, Thraen,
Crawford, Eichelkraut, Grace, McKee, Miller, Nye, O’Malley, Paceley, Rush, Scher,
Sharaby, and Tribken in favor.

STIPULATIONS:

1. Conceptual site plan and elevations shall be reviewed and approved by the Planning
Hearing Officer through the public hearing process for stipulation modification prior to
preliminary site plan approval. This is a legislative review for conceptual purposes
only. Specific development standards and requirements may be determined by the
Planning Hearing Officer and the Planning and Development Department.

2. The below stipulated streetscape landscaping standards must be planted prior to the
issuance of any permits.



200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 226
3. The sidewalk along Washington Street shall be a minimum of eight feet wide and shall
be detached with a minimum 10-foot-wide landscaped strip between the sidewalk and
the back of curb, as approved by the Planning and Development Department. A
sidewalk easement shall be dedicated as necessary.

4. A minimum of 75 percent of the sidewalk shall be shaded.

5. The 10-foot-wide continuous landscape area located between the sidewalk and back
of curb shall include minimum 3-inch caliper, large canopy single-trunk shade trees
(limbed-up a minimum of 10-feet clear from finish grade), planted 20 feet on center or
in equivalent groupings, and minimum 5-gallon shrubs with a maximum mature height
of 2-feet providing 75 percent live cover, as approved by the Planning and
Development Department.

6. The required landscape setback adjacent to the southern property line shall be
planted to the following minimum standards, as approved by the Planning and
Development Department:

a. Twenty-five percent 3-inch caliper large-canopy trees and 75 percent 4-inch
caliper large-canopy trees, planted 20 feet on-center or in equivalent groupings;
b. Five 5-gallon shrubs per tree, and additional shrubs or live groundcover, shall
be provided to a minimum seventy-five percent live cover at mature size.

7. Bollard path lights shall be provided every ten feet along the public sidewalk on
Washington Street, as approved by the Planning and Development Department.

8. A bicycle repair station (“fix it station”) shall be provided on the site, in close proximity
to the public sidewalk. The station shall include but not limited to: standard repair tools
affixed to the station; a tire gauge and pump; and a bicycle repair stand which allows
pedals and wheels to spin freely while making adjustments to the bike, as approved
by the Planning and Development Department.

9. All outdoor storage shall be completely screened with a decorative wall, as approved
by the Planning and Development Department.

10. The developer shall construct all streets within and adjacent to the development with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping
and other incidentals as per plans approved by the Planning and Development
Department. All improvements shall comply with all ADA accessibility standards.

11. The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction analysis
review process, prior to construction permit approval, as per plans approved by the
Planning and Development Department.

12. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or tenants
of the property. The form and content of such documents shall be according to the
templates and instructions provided which have been reviewed and approved by the
City Attorney.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 227
13. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to clearing
and grubbing, landscape salvage, and/or grading approval.

14. If Phase I data testing is required, and if, upon review of the results from the Phase I
data testing, the City Archaeologist, in consultation with a qualified archaeologist,
determines such data recovery excavations are necessary, the applicant shall conduct
Phase II archaeological data recovery excavations.

15. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 228
Attachment D


REPORT OF PLANNING COMMISSION ACTION
February 4, 2021

ITEM NO: 5
DISTRICT NO.: 8
SUBJECT:

Application #: Z-13-20-8 (Companion Case Z-TA-6-20-8)
Location: Northwest corner of State Route 143 and Washington Street
From: A-2 TOD-1
To: A-2
Acreage: 1.75
Proposal: Removal of the TOD-1 zoning overlay
Applicant: William E. Lally, Tiffany & Bosco, PA
Owner: Werner L.Schlecht Trust
Representative: William E. Lally, Tiffany & Bosco, PA

ACTIONS:

Staff Recommendation: Denial.

Village Planning Committee (VPC) Recommendation:
Camelback East 1/5/2021 Approval, with the staff recommended stipulations. Vote: 17-
0.

Planning Commission Recommendation: Approval, per the Camelback East Village
Planning Committee recommendation.

Motion Discussion: N/A

Motion details: Commissioner Howard made a MOTION to approve Z-13-20-8, per the
Camelback East Village Planning Committee recommendation.

Maker: Howard
Second: McGabe
Vote: 8-0
Absent: Johnson
Opposition Present: Yes

Findings:

1. The site's location, dimensions and limited access points are challenges for its
development as a standalone parcel. Removal of the Overlay would provide
some flexibility for the property owner to pursue redevelopment options.

2. The development standards of the A-2 district are not conducive to a
pedestrian-friendly environment, which should be the goal of new
developments along the light rail corridor; therefore, mitigating stipulations
have been recommended to require a pedestrian-friendly environment.




Page 229
3. The underlying A-2 zoning district is not consistent with the General Plan Land
Use Map designation of Mixed Use; however, the site is under 10 acres.

Stipulations:

1. Conceptual site plan and elevations shall be reviewed and approved by the
Planning Hearing Officer through the public hearing process for stipulation
modification prior to preliminary site plan approval. This is a legislative review
for conceptual purposes only. Specific development standards and
requirements may be determined by the Planning Hearing Officer and the
Planning and Development Department.

2. The below stipulated streetscape landscaping standards must be planted prior
to the issuance of any permits.

3. The sidewalk along Washington Street shall be a minimum of eight feet wide
and shall be detached with a minimum 10-foot-wide landscaped strip between
the sidewalk and the back of curb, as approved by the Planning and
Development Department. A sidewalk easement shall be dedicated as
necessary.

4. A minimum of 75 percent of the sidewalk shall be shaded.

5. The 10-foot-wide continuous landscape area located between the sidewalk and
back of curb shall include minimum 3-inch caliper, large canopy single-trunk
shade trees (limbed-up a minimum of 10-feet clear from finish grade), planted
20 feet on center or in equivalent groupings, and minimum 5-gallon shrubs with
a maximum mature height of 2-feet providing 75 percent live cover, as
approved by the Planning and Development Department.

6. The required landscape setback adjacent to the southern property line shall be
planted to the following minimum standards, as approved by the Planning and
Development Department:

a. Twenty-five percent 3-inch caliper large-canopy trees and 75 percent 4-
inch caliper large-canopy trees, planted 20 feet on-center or in
equivalent groupings;

b. Five 5-gallon shrubs per tree, and additional shrubs or live
groundcover, shall be provided to a minimum seventy-five percent live
cover at mature size.

7. Bollard path lights shall be provided every ten feet along the public sidewalk on
Washington Street, as approved by the Planning and Development
Department.

8. A bicycle repair station (“fix it station”) shall be provided on the site, in close
proximity to the public sidewalk. The station shall include but not limited to:
standard repair tools affixed to the station; a tire gauge and pump; and a
bicycle repair stand which allows pedals and wheels to spin freely while




Page 230
making adjustments to the bike, as approved by the Planning and
Development Department.

9. All outdoor storage shall be completely screened with a decorative wall, as
approved by the Planning and Development Department.

10. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.

11. The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction
analysis review process, prior to construction permit approval, as per plans
approved by the Planning and Development Department.

12. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.

13. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

14. If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.

15. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.

This publication can be made available in alternate format upon request. Please contact
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.




Page 231



Report